A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On July 3, 2014, the Defendant would work as a seafarer from August 2014 to July 2015 for the victim C (V, 48 years of age) who is the shipper B of Han forest shipment B in the vicinity of the Hyundai Shipbuilding at the time of Mapopopo-si.

“A false representation was made.”

However, even if the defendant receives a payment from the injured party, he did not intend to work as a seafarer on the injured party's fishing vessel.

Nevertheless, the Defendant, as if he were to work as a seafarer in the fishing vessel of the victimized person in good faith, had the injured person enticed the injured person, and had the injured person transferred KRW 12 million to the national bank account (D) in the name of the Defendant on the same day.

2. On August 5, 2016, the Defendant, from the F tea located in Jeju-si E, the victim described in paragraph 1, “on the face of the victim, who would be a seafarer, who would be faithfully engaged in providing the victim with the money to resolve the overdue payment of another fishing vessel for one year.

“A false representation was made.”

However, even if the Defendant received the above money from the injured party, the Defendant did not intend to work as a seafarer on the injured party’s fishing vessel.

Nevertheless, the Defendant deceivings the victim as if he were to work as a seafarer in good faith on the fishing vessel of the victimized person, and transferred eight million won to the Defendant’s name account on August 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the certificate of deposit without passbook (8,000,000 won), notification of the body of others (10,000,000 won), notification of the body of others (2,00,000 won), B seafarer labor contract (20,000,000 won, and July 10, 2017)

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order of community service order, the total amount of damage to each of the instant crimes was a considerable amount of KRW 20 million, and the damage was not recovered.