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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant: (a) around 12:30 on February 12, 2013, at the C cafeteria located in Yong-si, Chungcheongnam-si; (b) on February 12, 2013, the Defendant: (c) stated that “The Defendant would faithfully embark the Victim D with an advance payment of KRW 25 million from February 13, 2013 to February 12, 2014.”
However, in fact, the Defendant did not have any particular property and received advance payment from the owner of the fishing vessel who received advance payment at the time, such as G and E, and received advance payment from the victim, even if he received advance payment, he did not have any intent or ability to immediately return the advance payment received from the victim if he did not settle the advance payment, and he did not have any intention or ability to immediately return the advance payment received from the victim if he did not work or are unable to work as a seafarer on the inshore fishing vessel F (29 tons) owned by the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 25 million won from the victim to the agricultural bank account of the Defendant under the pretext of advance payment from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of the investigative report, detailed statement of savings deposit transactions, copy of each seafarer employment contract, and the certificate of confirmation on payments requested under the Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, such as the fact that the defendant has the same criminal records, but the defendant recognizes and reflects the crime of this case, the victim does not want the punishment of the defendant