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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal lies in the fact that the Defendant had been punished several times for the same several crimes under the same law; the Defendant received one-year advance payment from the head of the office of the K of another fishing vessel before the instant case, and then retired from doping 20,000,000, and was on board the ship indicated in the facts charged of the instant case (hereinafter “instant vessel”); the Defendant showed a very unfaithful working attitude from the beginning; the Defendant avoided contact and escaped after the Defendant did not board the instant vessel without permission; the victims operated a number of vessels; and thus, the Defendant could have been able to work on another vessel even if the crew of the instant vessel, but did not make such attempt even if the Defendant could have been able to work on the other vessel; and the Defendant was led to a criminal investigation agency to commit a crime, it can be sufficiently recognized that the Defendant acquired advance payment by deceiving the victim from the beginning without his intention to engage in such
Nevertheless, the lower court which acquitted the Defendant of the facts charged of this case erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. Around January 11, 2016, the Defendant stated that “Around January 11, 2016, the Defendant, at the C office located in Tong Young-si B, the office manager of the long-term fishing boat E (the instant vessel) where the victim D is the owner of the vessel”, “in advance, the Defendant would have a captain of the said vessel as the crew of the said vessel for one year from January 11, 2016.”
However, the Defendant did not intend to be a seafarer for one year after boarding the above vessel, and was willing to use 21 million won and card payment to be paid for nonperformance of existing boarding contract by receiving advance payment.
The Defendant, as such, by deceiving the victim and immediately from the victim, received KRW 21 million from the H account under the name of G to the H account under the name of G as advance payment, and KRW 25 million from the I Bank account under the name of the Defendant to the I Bank account under the name of the Defendant.
B. The lower court’s determination is as follows.