A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who lives in the coastal sea-going fishing vessel B (17 tons) which is a shipper in Gyeongcheon-si, for seafarers on board the coastal sea-going fishing vessel B (17 tons).

On January 29, 2015, the Defendant made a false statement to the effect that “A victim C, the owner of B, who was the owner of B, who was on his/her own boarding as a seafarer at the bend place of the Si/Gun/Gu in the border of the Si/Gun/Gu in the border of the Republic of Korea, shall have two seafarers who are engaged in the operation together before departure from the port of Korea.”

However, even if the defendant received the above advance payment from the victim, he did not have the intention or ability to employ the seafarer and get him to board the ship.

Nevertheless, the Defendant received 6 million won from the victim, namely, in advance, from the victim.

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

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Statement of the police statement regarding C;

1. A complaint, a letter of request for payment;

1. Investigation report (F telephone conversations for reference);

1. The inquiry sheet about the details of the agricultural cooperative account (G) transaction in the name of the Defendant, and H’s joint network transaction (I) transaction [the Defendant and the defense counsel asserted that the Defendant did not deceiving the victim since the Defendant paid 6 million won to 2 seafarers who received 6 million won from the victim. However, according to each of the above evidence duly adopted and investigated by this court, each of the above evidence duly adopted and investigated by this court, and in particular according to each of the above accounts, it is recognized that the Defendant used 6 million won received from 2 seafarers at the time without paying 2 seafarers, and thus, the above assertion is not accepted]

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] and the general fraud category 1 (less than KRW 100 million) and no basic area (six months to one year and six months) (the special person) exists (the decision of sentence).