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

Around 11:00 on January 22, 2015, the Defendant: (a) obtained an advance payment from the victim D to the C office located in Jung-gu Incheon Metropolitan City, Jung-gu; and (b) obtained the said advance payment from the victim D to the Saemaul Treasury account in the name of the Defendant, and acquired the said advance payment from the victim, by deceiving the victim that “The victim would work as a seafarer from February 10, 2015 to July 10, 2015, on the face of the advance payment.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written boarding contract and a copy of a bankbook or passbook;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (the scale of damage and the occupation, etc. of the person before the suspension of execution);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;