A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant, the victim I is the captain of J, and K is the same seafarer with whom the defendant was known.

on July 19, 2017, K will have to work as a seafarer for one year at the Council of the victim, and on July 20, 2017, K received KRW 20 million from the victim to the Agricultural Cooperative (L) account in the name of K for advance payment.

On July 23, 2017, the Defendant: (a) told K to the effect that “the Defendant would substitute for the payment of KRW 20 million; (b)” from the phone contact; (c) sent his/her intent to the victim via K; and (d) on July 28, 2017, from the N office located in the Jeju city, the Defendant sent his/her intention to the victim via K to the victim; (c) provided that “the Defendant would receive KRW 42 million from July 28, 2017 to June 30, 2018, on the condition that the Defendant would receive KRW 20 million from K to receive the total amount of KRW 42 million from the victim; and (d) provided that the victim would immediately receive KRW 20 million from K. In relation to the payment method, the Defendant would immediately receive KRW 20 million from the said K and deliver it to the victim.”

However, the defendant did not have the intention or ability to work on board theJ.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 300,000 from K to the Agricultural Cooperative Account (O) under the name of the Defendant through K, KRW 1 million on July 23, 2017, KRW 100,000 on July 25, 2017, and KRW 10 million on July 28, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol concerning the examination of suspect to the K;

1. Statement of the police statement to I;

1. Application of the deposit certificate and the detailed statement of transactions statutes;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the fact that there is a criminal record of the same kind of punishment for which punishment has been chosen, the fact that it has not been agreed, the fact that the defendant escaped without attending a trial, the age, character and conduct, family relationship, environment, circumstances and results of the crime;