A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 26, 2011, around 11:00, the Defendant made a false statement to the victim C who is the owner of the inshore fishing vessel B (17 tons) in the drawing of the Incheon strengthened-gun, in front of the Franchisium located in the Franchisium, stating that “The Defendant would have the Franchis on board as B’s crew from February 1, 2012 to December 31, 2012.”

However, the defendant did not have the intention or ability to get on board as a seafarer B.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 26 million won from the victim as a pre-use, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on a certificate of prepaid loan;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. Determination of the sentencing criteria and the suspension of execution shall be determined within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the fact that the accused has agreed with the victim, the fact that there is no history of criminal punishment exceeding the fine, the age, character and conduct, etc. of the accused, and the execution thereof shall be suspended