A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On February 18, 2016, the Defendant was sentenced to five months of imprisonment for fraud in the Jeonju District Court’s branch of Eup, and completed the execution of the sentence in the Jeonju prison on May 24, 2016.

[2018 Highest 250] On February 7, 2017, the Defendant made a false statement to the Victim F, the actual owner of the instant fishing boat E via the fireworks, “on the face of advance payment, E would work very much for four months from February 20, 2017 to June 20, 2017.”

However, the defendant did not have the intention or ability to work as a seafarer even if he received the above advance payment.

On February 8, 2017, the Defendant: (a) by deceiving the victim as above; (b) received from the victim the delivery of KRW 5 million to the Suhyup Bank Account (G) of Defendant Name on the pretext of advance payment; and (c) one million to the same account on February 12, 2017, respectively.

[2018 Highest 396] On January 30, 2017, the Defendant made a false statement to the victim J on the I fishing ground located in Kimpo-si H, Kimpo-si, Kimpo-si, stating that “The victim J would have worked as a seafarer for a period of one year from K to one year.”

However, the defendant did not have the intention or ability to work as a seafarer even if he received the above advance payment.

As above, the Defendant: (a) by deceiving the victim; (b) received 1.5 million won from the victim’s seat in cash; and (c) received 3.5 million won from February 1, 2017, from the flood bank account (G) with the name of the Defendant.

Summary of Evidence

【Criminal Records】

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of the same record as the suspect) - Records of evidence 2018 high group 250

1. Investigation report (verification of the facts during the period of repeated crime) - Records of evidence 2018 high group 396 high group 396 [2018 high group 250]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of remittance confirmation or seafarer labor contract;

1. To reply to the result of an inquiry into boarding (2018 order 396);

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Inquiry of transaction details, receipt of loan, and application of the statutes on boarding contracts;

1. Article 347(1) and 347 of the Criminal Act concerning the relevant criminal facts and the choice of punishment.