The defendant shall be exempted from punishment.

Punishment of the crime

On July 24, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc. at the Seosan Branch of the Daejeon District Court, and the said judgment became final and conclusive on August 1, 2015.

On August 26, 2013, the Defendant: (a) called the victim C (50 years old) on board B (9.7 metric tons, gender acid shipments, coastal combination) at the Sungsisan Port at Seoposi, Seoposi, Seopo City on August 26, 2013; (b) called the victim C (50 years old), who is in the ship at the same port (9.77 tons, gender acid shipments, and coastal combination) and would be on board the ship as the crew of C’s fishing vessel B from the date on which the Defendant would be on

A false statement was made.

However, the defendant did not have the intention or ability to perform his/her duties on board as a seafarer even if he/she received a vessel's unpaid payment.

As such, the Defendant, by deceiving the victim, obtained 3,000,000 won of the advance payment from the victim (account transfer) and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements in C and D;

1. Details of passbook transactions;

1. Previous convictions in judgment: Application of a copy of the text of the judgment and a conet search statute;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the fact of crime is recognized and reflected, the amount of fraud, equity in the case of judgment concurrently with the crime of final judgment, etc.);