A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[2017 Highest 5059] The Defendant, on January 23, 2017, will be on board D as a seafarer on January 23, 2017, to the head of D's office in the car page located in the Kaba-si C Terminal in Chungcheongnam-si, Chungcheongnam-do.

“The purpose of “ was to make a false statement.”

However, even if the defendant received the advance payment from the victim F, who is the owner of the above ship, he did not have the intention or ability to work after boarding the ship.

The Defendant, by deceiving the victim as such, was transferred KRW 10 million to A’s account, which the Defendant informed from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

[2017 order 7236] On January 11, 2017, the Defendant drafted a written boarding agreement with the purport that “I, the captain of the coffee-dong, Nam-gu, Incheon Metropolitan City, will get H to work on board as a seafarer from the main line H,” and that “I will work on board as a seafarer from the main line.”

However, in fact, even if the defendant received the advance payment from the victim J who is the owner of the above ship, he did not have the intention or ability to work as a seafarer after boarding the victim.

On January 17, 2017, the Defendant, by deceiving the victim, received KRW 5 million in total from the victim, to the National Bank Account (L) in the name of K on the same day, and received KRW 15 million in total from the Defendant’s flood account (G).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2017 Highest 5059]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A contract for work on board and a certificate of deposit without passbook (2017 highest 7236);

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. A written boarding contract, certificate for boarding, or copy of a bankbook;

1. Application of Acts and subordinate statutes to a report of investigation (in the form of a complainant J and monetary);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.