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

On November 18, 2017, the Defendant stated to the victim B (the 34 years of age) that “The Defendant shall issue the monthly wage for seafarers, and the distribution operation fund is also necessary. C is a kind of ship owned by C, which is only in the name of the wife D. If the ship is lent 100 million won as security, the Defendant would sell the profits earned from fishery or the ship to repay the money.”

However, even if the Defendant borrowed money from the victim, it was thought that most of it would be used to repay gambling funds or personal debts, and there was no intention to use the full amount with the seafarers’ monthly pay and operating funds as notified to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 65 million in total from the Agricultural Cooperative Account (E) in the name of the victim from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant at least twice on November 20, 2017, excluding KRW 4.5 million.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement of statement concerning B prepared by the police officer;

1. Entry in the petition form B;

1. Each investigation report prepared by the police (Attachment of a complaint for civil action against the complainant, the suspect, and the case and D / Attachment of a separate investigation document for the suspect / Attachment of a separate investigation document for the suspect / Attachment of a separate investigation document for the suspect / Attachment of a separate investigation document for the suspect / A separate investigation document for the suspect / Confirmation of the statement for the reasons for borrowing funds by the complainant / Documents accompanied by the attached documents);

1. Statement of replies upon request for cooperation in investigation (including attached documents) by the representative director of the G stock company;

1. Application of each Act or subordinate statute to include a copy of cash custody certificate, details of receipt and transactions, details of deposit transactions, details of deposit transactions, records of fishing vessel crew members, and copies of each statement

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.