A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On February 2, 2017, the Defendant made a false statement to the victim D, who is the owner of the ship in North Korea from the Seocho-do, the early north of the Republic of Korea on February 2, 2017, stating that “The Defendant would, upon paying the advance payment, board C from February 6, 2017 to December 31, 2017 and work as a seafarer.”

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

On February 6, 2017, the Defendant received 4 million won from the victim to the agricultural bank account in the name of the Defendant E, a dong fee, from the victim, and acquired it by fraud.

2. On January 3, 2018, the Defendant: (a) told the said victim again at the coffee shop near a bus terminal located in the early breath of January 2018; (b) concluded that “The said victim would have been paid in full in advance in February 3, 2018 to December 31, 2018; and (c) made a false request for advance payment as a seafarer because he/she would have been on board C from February 3, 2018 to December 31, 2018.”

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

On January 24, 2018, the Defendant received 4,80,000 won from the victim to the account in the name of F, the birth of the Defendant, under the pretext of advance payment, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of employment contracts, cash storage certificates, seafarer's boarding contract, payment note, and account transfer;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements of victims related to the amount of damage);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

2. The recommended range of punishment according to the sentencing guidelines [the determination of types] shall be the recommended range that there is no recommendation range and recommendation range of less than KRW 100 million [the type 1].