The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the summary of the grounds for appeal (deficiencies or misapprehension of legal principles), the fact that the defendant, who was on board a ship of the victim, deceivings the victim without the intention to work as the seafarer, and obtained the prepaid money

Nevertheless, the court below found the defendant not guilty on the ground that it is difficult to conclude that the defendant did not have the intent or ability to repay the seafarer's prepaid payment at the time of receiving the victim's prepaid payment.

2. Determination

A. The lower court determined based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the amount borrowed by a seafarer to work as a seafarer for one year from the shipowner before boarding the ship (a separate road to KRW 1.00,000 or KRW 1.5 million per annum); (ii) the amount remaining after deducting the cost of maintenance and repair of the ship, etc. from the total profit accrued from the annual consolation performance after one year, is distributed to the shipowner and the crew; (iii) the amount of the seafarer’s prepaid payment and living expenses already paid to the shipowner; (iv) the Defendant paid the seafarer’s prepaid payment prior to boarding the ship; (v) the Defendant received 25,00,000 won from the victim who is the captain of the F on July 26, 2013; and (v) the Defendant was provided with KRW 1,500,000 from the captain’s 25,000,000 per annum 15,000,000 won per annum.