A. misunderstanding the facts and misapprehension of the legal principles (Defendant): (a) the Defendant introduced himself to the victim and let him keep the advance payment in custody; (b) if the Defendant fails to board the ship, the Defendant did not have the intent to commit the crime of deception because he talked about it by return to the victim; and (c) even if the Defendant failed to board the ship, he did not have the intention to commit the crime of deception to the F wife G after August 2013, 201, by leaving the F wife G with KRW 110 million as well as the economic ability to return the advance payment.

B. On the other hand, the Defendant asserts that, with respect to the punishment of the lower court (no. 10 months of imprisonment), the Defendant is too unreasonable, while the prosecutor asserts that it is too unfasible and unfair.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court, the Defendant may be recognized as having received money from the injured party under the pretext of a quid pro quo, by pretending that the Defendant would be on board without the intention and ability to embark on the ship.

A) The F consistently did not receive the advance payment from the investigative agency to the court below’s trial. However, the F stated that the Defendant was merely receiving a portion of the advance payment that the Defendant received from the injured party as the source of debt repayment.

In addition, Korea F’s wife G consistently stated to the same purpose, and the victim was not F but paid the advance payment to the defendant.

The statements are consistently made.

B) Even according to the Defendant’s assertion, the Defendant was unable to hold a ship on board due to mental shock caused by the sinking accident of the ship, so the Defendant was aware that he would not comply with the loading condition in an incomplete manner.

C) A seafarer who has entered into a boarding agreement shall return the vessel’s failure already received and shall enter into a boarding agreement where there is an event not to board the vessel.