A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Jeju District Court, and the said judgment became final and conclusive on April 14, 2015.

The defendant did not intend to work as a seafarer even if he received a advance payment from the injured party.

Nevertheless, on September 7, 2014, in Jeju-si, D hotel located near D hotel in Jeju-si, the victim E, “I will work as a seafarer for one year from the week of the non-payment of the advance payment,” and the member received from the injured party the total sum of KRW 40 million from September 7, 2014 to the post office account (F) account in the name of the defendant under the pretext of the non-payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Labor contract;

1. Photographs of a bankbook;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of the date of release of the suspect) statute;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant will be on board a fishing vessel several occasions for the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation.

Since there is a history of punishment for the crime that has been stolen by deception under the name of the advance money, the nature of the crime of this case is very poor, and the amount of damage is also large.

However, during the trial of this case, an agreement was concluded between the victim and the victim on the condition that “the victim shall repay 40 million won to the victim within one year after release, and work as a seafarer on the ship designated by the victim.” The agreement includes the intent that the victim does not want the punishment, and at the same time with the crime for which the judgment became final and conclusive, equity in the case, sentencing for the same type of separate fraud committed at the same time as the crime of this case, and sentencing for the same type of separate fraud committed at the same time as the crime of this case, and circumstances after the crime of this case, etc.