A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

On the face of Jeju, the Defendant was a person who worked as a seafarer of Unmanned Fishing Vessel D (39 tons) owned by the victim of the shipment.

The defendant was serving as a seafarer on the part of the victim.

Around June 2014, Jeju Island made a false statement to the effect that “the victim will work as a seafarer in the above D from July 20, 2014 to June 30, 2015.” As such, the victim made a false statement to the effect that “the victim will work as a seafarer in the above D from July 20, 2014 to June 30, 2015.”

However, in fact, the Defendant did not intend to work as a seafarer for a period of one year, even if the victim paid advance payment, because the Defendant was willing to leave the ship on the part of the victim after receiving advance payment.

Nevertheless, the defendant deceivings the victim as above, and around June 15, 2014; KRW 4 million from the victim; KRW 10 million around June 30, 2014; KRW 1.4 million on July 2, 2014; KRW 4 million on July 18, 2014; KRW 590,000 on July 19, 2014; KRW 50,000 on August 18, 2014; KRW 1 million on August 20, 2014; and KRW 2 million on June 30, 2014; and did not receive the said KRW 50,000 from July 26, 2014, respectively.

Accordingly, the Defendant was informed of the victim and received a total of KRW 23.99 million.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police with regard to F;

1. Complaint;

1. A copy of a seafarer's labor contract, a detailed statement of account transactions, a copy of a bill of advance payment on board, and a deposit account without passbook;

1. Application of Acts and subordinate statutes to investigation reports (victims' reinvestigations and investigations of witnesses), investigative data replies (detaileds on board of suspects), investigation reports (amount of damage), and investigation reports;

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

1. The instant case includes the criminal records of the Defendant’s reasons for sentencing under Article 32 subparag. 2 and Article 25 subparag. 3(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation; the background leading up to the Defendant’s commission of the crime; the extent of damage to the Defendant and whether damage was recovered; and the relationship between the Defendant and the victim.