However, even if the defendant receives the advance payment from the victim, he did not have the intention or ability to work on board as a seafarer.

The Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the bank account in the name of G on the same day.

2. Determination

A. The following facts are acknowledged according to the witness G’s legal statement, the first protocol of suspect interrogation of the defendant against the defendant, the statement of the police officer against G, the statement of the police officer’s statement on G, and the statement of the reply of the Korean hospital.

① On September 16, 2013, upon the introduction of G, the Defendant decided to board a F-owned vessel, which is seeking to depart from the port after the end of the drilling period (from September 18, 2013 to September 20, 2013) between F and F, the owner of the vessel, as a seafarer for one year, and received KRW 15 million from the victim to G account.

② At the end, the Defendant found to be in preparation for departure from the port immediately after the end of the drilling period, “I am home at the time of the drilling period, so that I am at the hospital. I am at the hospital.” After that, I am at the bones that I am at the hospital when I am at the hospital, I am at the hospital, and eventually F am at the port without the Defendant’s boarding.

③ On September 23, 2013, the Defendant was diagnosed as “the uus cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages at a Korean hospital” and was hospitalized from September 26, 2013 to October 14, 2009.

④ The Defendant, upon being under the first investigation by the police, received the first advance payment for riding vessels, not for receiving the advance payment from the beginning to avoid riding vessels.

However, the defense is the same.