A defendant shall be punished by imprisonment for not less than eight 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. Around August 1, 2013, the Defendant stated, “Around August 1, 2013, the Defendant: (a) on the D hotel coffee shop located in Yong-nam, Young-si; (b) the victim F, the shipowner of E, will work on board E from August 2013 to May 2014.”

However, there was no intention or ability to return money from the victim because the defendant on board the above E had no intention to work as a seafarer, had no fixed income or property at the time, and had been thought to use the money received from the victim as debt repayment and entertainment expenses.

The Defendant received KRW 5 million from the victim in cash on the same day, and received KRW 30 million in total by transferring KRW 20 million from August 2, 2013 to the account of community credit cooperatives in the name of the Defendant Chok G, and KRW 5 million on August 19, 2013.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 2, 2013, the Defendant: (a) landed from the above E on August 29, 2013; and (b) called, on September 2, 2013, the Defendant stated that “one million won will be transferred to E on a telephone from the inferer in the mutual incompetution of the trade name located in the Dong-dong, Sin-dong, Sin-gu, Sin-nam, Sin-dong, to the victim F on a telephone.”

However, there was no intention or ability to return money from the victim because the defendant on board the above E had no intention to work as a seafarer, had no fixed income or property at the time, and had been thought to use the money received from the victim as debt repayment and entertainment expenses.

The Defendant received 1 million won from the victim to the account of community credit cooperatives in the above G name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F’s statement, receipt, and Acts and subordinate statutes on account transfer to the police;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor in consideration of the same kind of punishment, the amount of damage, etc.;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.