However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Around December 28, 2017, the Defendant made a false statement to the effect that “The Defendant will work as a seafarer by boarding the victim E from January 21, 2018 to December 31, 2018, at the C Job Placement Service located in B” to the victim D.

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

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim on December 29, 2017, to a new bank account (F) in the name of the Mapo-si Office of the Gwangju District Prosecutors' Office, and received KRW 7 million on the same day, KRW 5 million on January 4, 2018, and KRW 5 million on January 5, 2018, and acquired KRW 5 million from the Defendant’s wife to the national bank account in the name of G (H) around February 14, 2018. < Amended by Act No. 15006, Feb. 14, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. Application of the Acts and subordinate statutes governing a copy of employment contract, a copy of a cash borrowed document, details of seafarers' expenses, and details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (including the fact that there is no particular criminal record as well as the punishment imposed once for the preceding ten years, and the victim does not want the punishment of the defendant by agreement with the victim, etc.);