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

On September 6, 2018, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for similar rape, etc. in the wooden Branch of the Gwangju District Court on September 6, 2018 and the judgment became final and conclusive on September 14, 2018.

around 15:00 on June 19, 2017, the Defendant stated to the effect that “The Defendant will board D and work as a seafarer from June 19, 2017 to December 31, 2017, as the owner of a fishing vessel D (ship: Incheon Dong-gu, Incheon dong-gu, coastal network fishing vessel) at the victim’s residence located in Young-gun, Young-gu, Young-gu, Seoul.”

However, even if the defendant received the advance payment from the victim, he did not intend to work as a seafarer after boarding D.

Nevertheless, the Defendant made a false statement as above and received KRW 22 million from the victim, on June 20, 2017, via the Agricultural Cooperative Account (Account Number E) in the name of the Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s report on damage, written statement of the police against C, protocol of reference by the prosecution against F, protocol of reference by the prosecution against C (including F’s statement);

1. Boarding contract, copy of passbook, inquiry of boarding crew (ship entry and departure port management system, suspect);

1. Previous convictions in judgment: Application of the defendant's legal statement and criminal records records to statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is difficult to view that the nature of the crime is light in light of the form of fraud and the amount of defraudation of the reason for the sentencing under Article 62(1) of the Criminal Act.

Therefore, the crime of this case shall be punished by imprisonment with prison labor, and the balance between the case where the judgment was rendered simultaneously with the crime where the judgment became final and conclusive shall be considered, and in addition, the defendant asked the seafarer F broker to pay the amount of fraud and promised F to settle the amount of fraud instead of the amount of defraudation of the defendant.