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

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

Punishment of the crime

around December 29, 2018, the Defendant made a false statement to the effect that “The amount of KRW 15 million is changed by boarding D from January 1, 2019 to December 31, 2019 to December 31, 2019” at C Job Placement Offices located in Busan Dong-gu, Busan.

However, in fact, the defendant thought to use money for gambling with the victim's 70 million won or more of prepaid or gambling which the defendant has to pay to the other owner of the ship, and there was no intention or ability to perform his/her work on board D.

Around December 29, 2018, the Defendant, by deceiving the victim as above, received 15 million won from the victim to the credit cooperative account in the name of the Defendant under the name of the Defendant as a prepaid deposit and acquired by defrauding the victim.

Around August 9, 2017, the Defendant, “2019 Highest 2163, the Defendant, at the G office located in the Tong Young-si, Sin-si, the Defendant, “Around August 9, 2017, the Defendant drafted a false statement to the effect that “The victim H, the shipowner, shall be on board the ship with the payment of KRW 20 million from August 9, 2017 to July 30, 2018, to request the advance payment for the work to be done on board the ship,” and the victim and the seafarer labor contract.

However, in fact, the defendant thought that he would receive money from the victim with gambling debts equivalent to 20 million won, and did not have the intention or ability to perform his work on board G.

As above, the Defendant, by deceiving the victim as above, acquired 20 million won from the victim to the account of community credit cooperatives (I) in the name of the defendant under the name of the victim in advance on the same day.

Summary of Evidence

1. The defendant's legal statement [2019 Highest 1727];

1. Statement to J police officers;

1. Standard labor contract, receipts, and copies of passbooks (2019Nodu2163);

1. The police statement of H;

1. Application of Acts and subordinate statutes governing a copy of a seafarer labor contract in inshore fisheries and details of transactions;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.