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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
At around 13:00 on July 2, 2013, the Defendant made a false statement to the victim E, the owner of the inshore fishing vessel D (24 tons) at the time of Tong Young-si, Da Young-si, that “The Defendant will faithfully embark on the advance as a seafarer from July 4, 2013 to July 4, 2014.”
However, even if the Defendant received advance payment from the victim, he did not intend to work as a seafarer during the contract period because he was able to get advance payment after leaving the ship as a seafarer only for a certain period during the contract period, and thus, he did not intend to work as a seafarer.
Around July 4, 2013, the Defendant received KRW 16 million from the victim as advance payment, and KRW 4 million as advance payment around July 6, 2013, and subsequently, he/she would re-be on board the victim again even though he/she voluntarily left on October 3, 2013. As such, he/she would change his/her living cost in November 2013, and he/she received KRW 2,50,000,000 from the victim to receive KRW 2,50,000 from the victim as a living cost around November 10, 2013.
From March 2013 to November 201, 2013, the Defendant acquired total of KRW 38.8 million from the victims in the same manner as the list of crimes in attached Form 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to F, G, H, I, and J;
1. Complaint (E);
1. An investigation report (report attached to the K-related boarding contract), an investigation report (verification of matters related to the amount obtained by additional fraud related to D (2.5 million won);
1. Application of Acts and subordinate statutes to the seafarer's boarding contract, the comprehensive information system for ship entry and departure management, the employment contract data, the payment of money (including advance payment paid to A), the duplicate of passbook of self-reliance deposit deposit account (K), the copy of the shipping certificate (K), the copy of the fishery permission (K), the copy of passbook of self-reliance deposit deposit account (K), the ship inquiry, and the comprehensive information system for ship entry and departure management (L);
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment