Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On July 21, 2010, the prosecutor prosecuted the act of receiving money and the act of receiving money on September 27, 2010 as substantive concurrent relations.

However, it is reasonable to see that a single comprehensive crime is established in light of the same point, time close to the victim, and the method of deception is similar (see, e.g., Supreme Court Decision 2016Do11318, Oct. 27, 2016). Therefore, without changing the indictment, the following recognition is recognized as follows.

The defendant is a person who has been engaged in fishery as the owner of B (9.77 tons and the shipment of Thai-gun) a coastal net fishing vessel.

On July 2010, the Defendant told the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, that “If the Defendant loaned the Defendant’s capital to start the operation at the end of the year, he would pay the principal and interest along with the commission equivalent to 10% of the catch after completing the operation at the end of the year.”

However, the Defendant did not have experience in coastal self-help fishing, and the Defendant did not have any intention or ability to repay the principal and interest to the victim as agreed upon, with the profits earned from the fireworks fishing. The Defendant was required to preferentially repay the financial rights secured by the above fishing vessel, such as personal bonds, and all expenses required for fishing operation, such as personnel expenses for crew members. The Defendant did not have any intent or ability to repay the principal and interest to the victim, since it was less likely that the Defendant would be able to repay the above debt to the victim as much as he could have repaid the loan to the victim.

As above, on July 21, 2010, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 20 million with the Suhyup account under the name of the Defendant, and KRW 10 million with the Suhyup account under the name of the Defendant on September 20, 2010, and KRW 10 million with the Suhyup account under the name of the Defendant, and KRW 40 million with E.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes governing replys to the request of the police officer for cooperation in investigation by the crew members of the fishing vessel register, B entry records, details of entrusted sales by each individual, investigation records, and documents of transactions;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;