except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On July 1, 2014, the Defendant called the Defendant’s house located in Young-gu Busan Metropolitan City, that “On the face of advance payment to seafarers, the Defendant boarded the said F on the deck from August 6, 2014 to January 6, 2015, and the rest of four seafarers are very high to the crew of the fishing vessel.”

However, even if the defendant received money from the victim, he was thought to use it as his own cost of living, there was no intention to pay for the seafarers as advance payment, and there was no intention or ability to perform work on deck by the defendant on board the above F and do work on deck, or to have the crew do work on board the ship.

As such, the Defendant, by deceiving the victim as such, received the total amount of KRW 48,50,000,000 from July 1, 2014 to the bank account (Account Number: I) of the Defendant living together with the Defendant, around July 3, 2014; KRW 10 million around July 3, 2014; KRW 4 million around July 29, 2014; KRW 4 million around July 29, 2014; KRW 500,000 on August 25, 2014; KRW 400,000 on August 5, 2014; and KRW 5 million on August 6, 2014; and KRW 68,50,000,00 from each of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint filed in D;

1. Details of transactions and seafarers’ boarding agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) (one month to one year) mitigation area (special mitigation person], or damage recovery from considerable part [the decision of sentence] that the defendant repents and reflects his mistake through the living under confinement, the victim does not want the punishment of the defendant, and all other circumstances such as the defendant's age, character and behavior, environment, circumstances after the crime, etc. shall be considered.