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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, around August 1, 2013, at the “E” coffee shop located on the D 1st, Seo-gu, Seo-gu, Gwangju, provided that “The Defendant, the owner of the Jeju-gu fishing vessel F (74t), “The owner of the Jeju-gu fishing vessel, 10 million won, f.m., on board the ship, would have been on board F with a quantity for six months from August 10, 2013 to January 30, 2014) and would have been on duty as a seafarer. However, the Defendant had no intention to faithfully work on board the said fishing vessel during the contract period, even if he/she received the advance payment from the victim, on the ground that there is a need for advance payment and living expenses, etc. to be paid to another owner of another vessel.
Nevertheless, the Defendant, as such, received a false statement from the victim on August 2, 2013, 50 million won, 50 million won on August 5, 2013, and 10 million won on a total from August 5, 2013, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning G;
1. Application of Acts and subordinate statutes on a duplicate of passbook and a deposit certificate;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, the choice of imprisonment;
1. Suspension of execution: A suspended sentence shall be imposed as per the disposition in consideration of all the following circumstances in the sentencing guidelines for the reasons for sentencing (the sentencing conditions specified in Article 51 of the Criminal Act as stated in the reasons for sentencing) under Article 62(1) of the Criminal Act (the following conditions of sentencing), taking into account the following circumstances: The range of recommended sentences [the crime group, general fraud, type 1 (less than KRW 100,000), mitigation area (the scope of punishment is less than KRW 100,000), mitigation area, imprisonment not more than one year], and the sentence shall be imposed as per the disposition. favorable circumstances: (a) recognition of and reflects the facts of the crime; (b) agreement with the victim; and (c) circumstances that there is no criminal record exceeding a fine exceeding a fine; (d) other crimes committed by the same veterinary method (the crime of fraud and fine of KRW 500,000): The motive for the crime; (e) circumstances after the crime was committed (the circumstances in which the defendant has an opportunity to reflect