A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 28, 2018, the Defendant made a false statement on the part of the victim C’s office of the seafarer’s accommodation in Jeju Island, stating, “On the part of the week, the Defendant will board the victim at the Han River Registry D (inshore fishing) with the shipowner’s advance payment, from August 28, 2018 to August 27, 2019, and will be extremely high for seafarers as seafarers.” The Defendant drafted a labor contract related to the above contents.

However, in fact, the Defendant, as a credit bad credit holder at the time, was in arrears of KRW 8 million used by the Defendant under his own name, so it is necessary to urgently use the amount of KRW 12 million in the repayment of obligations, such as the card price in arrears, in order to prevent employment problems due to his bad credit standing. Therefore, the Defendant entered into the above contract, and immediately before departure from the port to five days in Korea for the fraud of the working uniform to the victim.

As soon as coming, the above fishing vessel was on board, and there was no intention or ability to work properly as a seafarer during the contract period.

Nevertheless, the defendant acquired the money from the victim through the company bank account (E) in the name of the defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Determination as to the defendant and his defense counsel's assertion on the complaint, labor contract, cash custody certificate, each investigation report (not more than 181 pages of investigation records)

1. The summary of the argument is that the Defendant received a prepaid payment from the actual intent to board a ship, and was under dispute with the victim, resulting in the termination of the labor contract, not by deceiving the victim, but by deceiving the victim.

2. Circumstances duly admitted by this Court, i.e., the circumstances and before and after the conclusion of a labor contract with the Defendant in an investigative agency and this Court, i.e., the victim’s circumstance and before and after the conclusion of the labor contract.