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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2018 Highest 3046]
1. On August 1, 2017, the Defendant sent D a false statement to D, a captain of Cho Lake, “from August 10, 2017 to September 10, 2017, to the victim E, who is the owner of Cho Lake.”
However, the fact did not have the intention or ability to board as a seafarer in Category C.
Around August 5, 2017, the Defendant, by deceiving the victim, obtained 4.5 million won from the victim to the account in the name of the Defendant and obtained 4.5 million won as a pre-use gold from the victim.
2. On February 19, 2018, around 18:00, the Defendant made a false statement to the Jung-gu coastal wharf F, Jung-gu, Incheon, and to the victim H, the captain of the vessel and the captain of the vessel referred to in the subparagraph of G, stating that “the Defendant will work aboard G from February 21, 2018 to July 21, 2018.”
However, the fact did not have the intention or ability to board as a seafarer in G.
On February 20, 2018, the Defendant: (a) by deceiving the victim; (b) received 8.5 million won from the victim to the account in the name of the Defendant; and (c) received 1.5 million won on the same day from the victim; and (d) obtained a total of 10 million won, such as receiving in cash, and acquired it by deception.
[2018 Highest 4329] On July 15, 2017, the Defendant was on board the victim’s house located in Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, and “on July 25, 2017 from July 25, 2017 to December 31, 2017, the Defendant would be on board the victim’s house.
The phrase “ makes a false statement.”
However, even if the defendant receives money, he did not have the intention or ability to work on board the K.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim’s account in the name of the Defendant on the same day from the victim; and (c) KRW 5 million from the MFC account (N) designated by the Defendant; and (d) received KRW 10 million in total from each remittance.
Summary of Evidence
1. The defendant's legal statement [2018 Highest 3046];
1. Statement made by the police with H and E;
1. Details of account transfer (H) and a copy of the head of the Suhyup Bank (A remittance details) / [2018 High Order 4329];
1. J.