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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant was a person who, as a seafarer, would have been on board a ship with a coastal fishing vessel C (9.77 tons) of the former Coastal Coastal Sea.
On December 21, 2014, the Defendant made a false statement to the effect that “The Victim F, the owner of the said C, would have been on board as C seafarers for one year from January 15, 2015 to December 31 of the said year,” with the effect that “The Defendant would have been on board as C seafarers for one year from January 15, 2015 to December 31 of the said year.”
However, the defendant had no intention or ability to perform the terms of the boarding contract even if he received the advance payment from the injured party.
Nevertheless, the defendant deceivings the victim as above and received cash 25 million won from the victim, i.e., the victim, who was in his or her possession, in advance.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made with respect to G and H;
1. Application of Acts and subordinate statutes to a C boarding contract, each cash borrowing letter, details of receipts, and photographs for delivery of prepaid deposits;
1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] No person who does not have a basic area (from June to January 16) [the person who has a special sentencing sentencing] [the decision of sentencing] of the defendant is the first offender and the crime of this case is against the crime of this case. However, although the amount obtained by deceit of this case is not much than 25 million won, and the defendant did not agree with the victim and did not make any effort to recover damage, the punishment shall be determined as set forth in the disposition of this case.