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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2015 Highest 175"
1. On July 27, 2013, the Defendant: (a) made a false statement to the effect that “the Defendant would work as a seafarer on board the ship without any intention or ability to work as a seafarer on board the ship; and (b) obtained money from the victim E, the owner of the said ship, who did not have any intention or capacity to work as a seafarer; and (c) obtained money from the victim under the pretext of advance payment on the day.
2. On August 1, 2013, the Defendant: (a) made a false statement to the effect that “the Defendant would work as a seafarer with advance payment” to the victim H, the owner of the said vessel, although there is no intention or ability to work as a seafarer on board the vessel; and (b) obtained a remittance of KRW 10 million as advance payment from the victim on August 5, 2013.
3. On April 2014, the Defendant made a false statement to the effect that “the Defendant would work as an advance payment to the her husband M of the victim L, who is the owner of the Msan-si International Market of Changwon-si, Masan-si, and that it would work as an advance payment,” and then, around May 17, 2014, the Defendant got the victim to pay the Defendant a debt of one million won for the Defendant’s pre-paid value and one million won for the Defendant’s debt of the pre-paid value on behalf of advance payment around June 27, 2014. On July 20, 2014, the Defendant acquired KRW 2,200,000 from the victim as an advance payment.
Around February 11, 2014, the Defendant: (a) verbally speaked to the effect that “the Defendant would work as a seafarer if he/she had no intention or ability to work as a seafarer on board the ship; and (b) he/she received cash KRW 1 million from the victim on the same day; (c) he/she received KRW 2 million from the victim to the Defendant Qua’s management account on the same day; and (d) acquired KRW 3 million in total from the victim to the Defendant’s management account on the same day.
Summary of Evidence
"2015 Highest 175"
1. Defendant's legal statement;
1. L, E, and R.