A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On March 7, 2012, the Defendant stated that “The Defendant shall pay 20 million won advance payment to the victim C, who is on board a fishing vessel D owned by the Party from May 2012 to the Gu administration from May 2013, 2013, shall be on board the vessel D and shall be on board the vessel as a seafarer in good faith.”

However, in fact, since the Defendant had to pay the prepaid payment and the need for the pre-paid entertainment expenses, the Defendant did not speak as above to the victim, and even if receiving the money from the victim, there was no idea that the Defendant would work as a seafarer from May 2012 to May 2013 as the victim’s ship from May 2012 to the Gu administration.

As above, the Defendant, by deceiving the victim and receiving five million won from the victim’s account in the E’s name from the date of such deception to June 8, 2012, received 30 million won over five times as shown in the annexed crime list, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. A copy of a loan certificate and a detailed statement of transactions;

1. Application of the Acts and subordinate statutes to the verification of ship entry into and departure from ports, and the comprehensive ship entry management information system;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The defendant and defense counsel under Article 62 (1) of the Criminal Act;

1. Around the time when the alleged defendant received money from the victim as a prepaid deposit, he/she was trying to work in D and actually, and the defendant was working in D from May 15, 2012 to June 6, 2012.

However, the defendant, who was living expenses due to the so-called "mistakeage" (the method of receiving money corresponding to a part of the production after operation in the form of wages) because the above vessel was not engaged in operation, was ordered to take a direction to his living conditions, and he was allowed to board another vessel with the D captain F's permission, and thus the defendant's prepaid money is paid.