A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Justice] On August 28, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Changwon District Court’s territorial branch, and completed the execution of the sentence on December 17, 2014.

【Criminal Facts】

On July 4, 2015, the Defendant stated that “The Defendant will embark on the victim’s house in the South-Namnam Navy as the head of the E head from September 3, 2015 to February 28, 2016,” “on the part of the victim’s house in the South-west Navy C.”

However, in fact, even if the Defendant received advance payment from the victim, he was willing to leave the ship as a seafarer during the contract period, and there was no intention to work as a seafarer during the contract period. On the other hand, the Defendant did not have any special property. Therefore, even if he did not board the ship during the contract period, there was no intention or ability to pay advance payment to the victim even if he did not have any special property.

The Defendant received KRW 20 million from the victim as advance payment for the same day, and received KRW 6 million from the victim to the Agricultural Cooperative under the name of the Defendant’s living woman F with the Defendant, and received KRW 26 million in total as advance payment payment in G around the 10th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. The current status of boarding of each loan certificate, each of the personal account books of the head of A, each of the receipts concerning the receipt of the advance payment, and each of the receipts;

1. Each investigation report (Investigation of reference witnesses' I telephone; J telephone investigation of reference witnesses; Attachment of a certificate of report on boarding of a seafarer;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is general fraud (less than KRW 100 million) and the aggravated area (one year to two years and six months of imprisonment) [the person under special circumstance] of the same repeated crime [the decision of sentence] recognizes the defendant as committing the crime of late penalty and mislead the defendant.