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

On March 16, 2014, the Defendant sent a phone call to the victim E as if he/she were to work as a fishing vessel crew member in the D ship located in Incheon Strengthening Group C, and made a false statement that “The Defendant would work as a F seafarer from March 21, 2014 to December 31 of the same year.”

However, even if the defendant received money from the victim, he did not have the intention or ability to work as a F seafarer.

As above, the Defendant, by deceiving the victim as above, received from the victim a remittance of KRW 10 million under the name of advance payment around 19:00 on the 20th of the same month.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes on deposit 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. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] is mitigated (one month to one year) (the amount less than 100 million won) in the mitigated area (the amount of special mitigation] (the amount of punishment is not reduced, or damage is recovered from considerable part

2. The sentence shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.