A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

"2018 Highest 968"

1. On November 2017, the Defendant made a false statement to the victim “from November 29, 2017 to June 30, 2018, the Defendant was on board the victim’s residence of the victim C 4th floor C in Jeju-do, the victim “from November 29, 2017 to June 30, 2018, to make the work as the seafarer and to change the payment of the boat and the cost of living to the seafarer.”

However, even if the defendant receives the advance payment and living expenses from the injured party, he did not have the intention or ability to work as a seafarer after boarding E.

As such, the Defendant, by deceiving the victim as such, received from the victim, a transfer of KRW 15 million in total as KRW 19 million on December 5, 2017 and KRW 20 million on or around January 10, 2017, under the pretext of a deposit in the name of the Defendant, from the victim to the flood bank account in the name of the Defendant.

"2018 Highest 2818"

2. The Defendant: (a) around 13:00 on January 13, 2018, at a seafarer’s accommodation located G (9.77 tons, coastal self-nets) located in Thai-gun, Thai-gun, Thai-gun, Thai-gun on the same year to the Victim H.

6. Until the last day of the month, it was false that “the amount of KRW 15 million shall be changed to the difference of the difference in the difference in the difference in which G seafarers will be on board.”

However, even if the defendant received the advance payment, he did not have an intention to board the ship.

The Defendant, as such, by deceiving the victim, received a cash of KRW 1 million from the damaged party under the pretext of a 16:00 on the same day from the damaged party, and received a remittance of KRW 14 million in total from the Suhyup account (I) in the name of the Defendant around the 17th day of the same month.

Summary of Evidence

1. The defendant's partial statement (Article 1 of the Criminal Act provides for the denial of the criminal defendant's fraud, and Paragraph 2 of the criminal fact)

1. Each police statement made to D or H;

1. Attachment of the same kind of judgment, accusation, details of account transactions, seafarer employment contracts during fishing period, inquiry of details of transactions, and detailed information on entry into and departure from ports;

1. The application of each Act and subordinate statutes to each investigation report (including additional data);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (including each injured party) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;