A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 14, 2017, the Defendant would work as a seafarer from July 29, 2017 to February 2, 2018 to the victim D, the owner of the C, at a mutually infinite coffee shop, which is located in the prefinite-dong at the time of through:

“The phrase “ was false.”

However, even if the defendant receives money from the injured party as a result of the advance payment, he did not intend to work as a seafarer on the injured party's fishing vessel.

Nevertheless, as seen above, the Defendant deceivings the victim as if he were to work as a seafarer in good faith on the fishing vessel of the victimized person, and received 2 million won from the injured person to the Agricultural Cooperative Account (E) in the name of the Defendant on the same day, and acquired 15 million won in total from the same account on July 25, 2017 to the same account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes governing contracts and specifications of transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million). The mitigation area (one month-one year-one year-one year) (the person subject to special mitigation) is not subject to the punishment;

3. Determination of sentence is against the Defendant’s recognition of the instant crime, the agreement with the victim, the Defendant’s age, sex, environment, motive and circumstance of the instant crime, etc., and the sentencing guidelines for the Supreme Court’s sentencing commission, etc. shall be comprehensively taken into account, and the sentence shall be determined as per the order.