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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall pay B, who is an applicant for compensation, KRW 37,00,000,00.
3.2
Reasons
Punishment of the crime
1. On September 24, 2012, around 12:00, the Defendant committed the crime against the Victim B: (a) the victim B, the actual owner of the Jeju Coastal Fishing Vessel E (29t) at the “Dda” located in Jeju Island on September 24, 2012; and (b) the fact, despite the victim’s receipt of the prepaid payment from the victim, does not have the intent or ability to work as a seafarer for one year; (c) the Defendant would have on board the victim at E for one year from October 5, 2012, “on-board 35 million won, on-board, on-board 12 million won from the victim’s account in F’s name on the same day.”
9. On October 2, 2012, 3 million won in the above account, KRW 13 million in the above account on October 2, 2012, and KRW 2 million in the above account on November 4, 2012, and acquired KRW 37 million in total by a check on October 1, 2012.
2. On June 7, 2013, the Defendant committed the crime against the Victim H: (a) the victim H, the owner of the vessel at the “J” coffee shop located in Seopo-si, Seopopo-si, Seopo-si, Seopo-si, Papo-si, Seopo-si, the Defendant: (b) the Defendant, despite having received the advance payment from the victim, did not have the intent or ability to work as a seafarer for about three months; (c) the Defendant, despite that he did not have the intent or ability to work as a seafarer for about five months, he/she would work as a seafarer on board K from June 10, 2013 to Seopo-si ( September 19, 2013); and (d) the Defendant, at that time, refers to a false statement to the effect that he/she would work as a seafarer, with the account as described in paragraph (1)
6. 21. 21. Each remittance of KRW 2 million to the above account was received, and on June 7, 2013, the victim transferred KRW 500,000 to L by deceiving KRW 5.5 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Each prosecutor's statement concerning B and H;
1. Application of Acts and subordinate statutes to inquire about details of transactions, deposits without passbooks, copies of each passbook, inquiries into the ship entry and departure management system, “ship entry and departure inspection inquiries,” “detailed information about ship entry and departure ports,” recording records, and entry and departure management inquiries;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act and the choice of imprisonment;
1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;