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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
around June 27, 2017, the Defendant stated to the effect that “Around June 27, 2018, the Defendant will have the victim go aboard E with a payment of KRW 5 million from August 10, 2017 to December 31, 2017, respectively, at the victim D’s residence located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.”
However, even if the defendant receives money from the injured party under the pretext of advance payment, he did not have the intention or ability to work on board E as a seafarer.
As such, the Defendant, by deceiving the victim, was given KRW 1 million in cash on the same day from the victim, and received KRW 4 million in cash around July 1, 2017, and received KRW 5 million in total from the victim.
Accordingly, the defendant was given property by deceiving the victim.
On May 26, 2017, the Defendant made a false statement to the effect that “The Defendant would work as a crew member of the Myeong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, North
However, in fact, the Defendant had already committed the same method of fraud several times and was serving several times in the relevant criminal case, so even if the Defendant received money from the injured party as a pre-payment, he did not have the intention or ability to work as a seafarer for the injured party.
As such, the Defendant, by deceiving the victim, received 1 million won from the victim through a new bank account in the G name, and acquired it by deceiving the victim.
On October 15, 2017, the defendant of "2018 Highest 880" will work as a seafarer for one year from the victim I's house of Nam-gu H building A 1724, Nam-gu, Nam-gu, Seoul Metropolitan Government on October 15, 2017.
“A false statement” was made.
However, in fact, the defendant was thought to use 3 million won as living expenses, and he did not have the intention or ability to work as a seafarer on the part of the victim.
Accordingly, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the account under the name of J on the same day.