Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 2012, the Defendant became the captain E of the D fishing vessel operated by the victim C through the victim C, with the knowledge of the peace in the Bupyeongdo of Incheon Spoon-gun.

The Defendant did not have worked as a seafarer in the past, as well as there were circumstances in which money was urgently needed due to debt repayment or living expenses at the time, and thus, despite the absence of intention or ability to work as a seafarer of the above D, the Defendant stated to the above E as follows: (a) “I would go to work as a seafarer of D from the start of operation in 2012 to December 30, 2012; (b) so I would go to go to a request for 6 million won as a prepaid payment; and (c) thereby, E contacted the victim to transfer KRW 6 million to the account designated by the Defendant.

On July 17, 2012, at around 15:00 on July 17, 2012, the Defendant, by deceiving the victim by such means as above, received money from the victim and fraudulently acquired 6 million won as advance payment.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Application of Acts and subordinate statutes to copies of deposits without passbook;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;