A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 4, 2017, the Defendant made a false statement to the effect that “The Defendant will have the Defendant go aboard as a seafarer B from March 1, 2017 to June 30, 2017, on the part of the victim C in the vehicle of the victim C adjacent to the Southern-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do Terminal for B” to the effect that “the Defendant will go aboard as a seafarer from March 1, 2017 to June 30, 2017.”

However, in fact, the Defendant did not have any idea to work on board as a seafarer in B, received only the gold from the injured party, and thought that he would work on board other ships, so even if he received the gold from the injured party, he did not have any intention or ability to work on board as a seafarer.

As above, the Defendant: (a) by deceiving the victim; and (b) received the delivery of KRW 5 million around January 4, 2017; (c) KRW 10 million around January 5, 2017; and (d) KRW 15 million in total from the Saemaul Treasury account in the name of the Defendant, under the name of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, a written employment contract for the crew of a fishing vessel, and a certificate of confirmation of transfer;

1. A report on investigation (a report on the history of boarding a suspect ship);

1. Application of investigation reports (related to the verification of details of transactions in a suspect's account) and statutes on transactions in a Saemaul Treasury account;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is [the scope of the recommended punishment] and the area of mitigation (one month to one year) (the area of special mitigation) is reduced (one month to one year), the punishment is not imposed, or damage corresponding to a considerable portion is recovered;

2. The defendant who has been sentenced to punishment for the same kind of crime as well as the punishment for the crime of this case again during the period of suspension of execution for the same crime, but the punishment for the crime of this case is not less severe, but the defendant reflects the mistake, agrees with the victim, and the defendant's age, gender, and other crimes.