Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Around July 29, 2018, the Defendant against the victim B made a false statement to the effect that “D” located in Jung-gu Incheon Metropolitan City, Jung-gu, “A would have been working as a seafarer and would have been working as a seafarer. If, subject to deduction from benefits, the Defendant would pay KRW 3 million as a pre-paid fee, he would have been on board from August 10, 2018 to December 30, 2018 and would have been working on board E.”

However, even if the defendant receives a factual advance payment, the victim did not have any intention or ability to operate by boarding the ship on the part of the captain.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim under the pretext of the advance payment around July 30, 2018.

2. On August 7, 2018, the Defendant against the victim F made a false statement to the effect that “I would have been working as a seafarer” by phoneing the victim F, a captain of G, to the effect that “I would have been working as a seafarer. I would have to work on board G for a four-month period when I would have paid 4 million won as advance payment, subject to deduction from salary.”

However, even if the defendant receives a factual advance payment, the victim did not have any intention or ability to operate by boarding the ship on the part of the captain.

The Defendant, as such, by deceiving the victim, received KRW 4 million from the victim under the pretext of advance payment around August 10, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the police concerning B (including H’s statement part);

1. Application of Acts and subordinate statutes of each report on damage (Evidence Nos. 2 and 3) prepared by B and H;

1. Article 347 (1) of the Criminal Act, the applicable law concerning the facts of crime, the choice of punishment, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant committed a crime during the period of repeated crime after having been sentenced to habitual larceny, etc.