A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to five months of imprisonment for fraud at the Daegu District Court, and the said judgment became final and conclusive on January 19, 2013.

1. Around July 2012, the Defendant agreed to receive a prepaid payment from the victim B’s house located in Incheon Spojin-gun C to the condition that the Defendant work as a seafarer on board D owned by the victim during the period of July 2012, 2012.

However, even if the Defendant received money from the victim, the Defendant did not intend to work on board D, and on May 2012, the Defendant decided to work on board E, another fishing vessel, and received KRW 4 million in advance.

As above, the Defendant, by deceiving the victim as above, obtained a total of 7.5 million won from July 9, 2012 to August 14, 2012, on six occasions, from the victim to the victim’s prepaid payment.

2. Around July 17, 2012, the Defendant made a false statement to the victim F, “The Defendant, at the victim F’s house located in the Incheon Cheongjin-gun G, 2012, saying, “The Defendant would get the victim to board as H’s seafarer in the operating machine of 2012.”

However, the defendant did not intend to work on board as H's seafarer.

As above, the Defendant, by deceiving the victim as above, obtained the victim with a total of KRW 10 million on July 17, 2012, and KRW 5 million on July 26, 201, and acquired by deception from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Previous records: Application of criminal records, etc. inquiry report, confirmation date, court rulings (the first and second court rulings) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.