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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
2013 Highest 1239
1. Around January 14, 2011, the Defendant, at a restaurant located in Yong-gun, Young-gun, Jeonnam, the Defendant, on the part of the victim W who sought a large number of seafarers to have been engaged in working as a seafarer even though he did not intend to work as a seafarer according to the promise even if he received advance payment, acquired 4 million won from the victim W, “B, with the experience of working as a seafarer from his coastal fishing vessel for 45 years, an advance payment of KRW 4 million from January 20, 201 to December 31, 2011.”
2. On January 20, 2011, the Defendant conspireds to receive additional advance payment from the victim, which introduced himself/herself to the above victim even if he/she did not intend to work as a seafarer even after receiving an additional advance payment, and X calls to the victim on or around January 20, 201, and her false statement that “A will work in good faith if only the said money is required to exceed KRW 2 million.” The Defendant received a transfer of KRW 2 million from the victim to X account.
Around July 14, 2011, the Defendant received advance payment, but did not intend to work in the Kim Farming-gun, the Defendant acquired KRW 1,200,000 from the victim, i.e., the victim’s Z operated in Jindo-gun, Jindo-gun, to the effect that “The Defendant will work in good faith in the Kim Farming-type from July 14, 201 to October 14 of the same year” to the effect that “The Defendant will work in good faith in the Kim Farming-type from July 14, 2011,” and that it shall receive KRW 1,200,000 from the victim for advance payment.
Around August 1, 2012, the Defendant, even though he was unable to have the intent or ability to perform the tegrative construction even if he was paid the money or gold-in money as the name of the construction cost, said Defendant made a false statement to the victim in AC Down, operated by the victim AB located in Nam-gu Seoul, Nam-gu, Seoul, stating that “AC Drgrative construction work is a business operator who performs internal tegrative construction work, and 5.9 million won per month compared to other persons.”