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

except that 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 August 6, 2018, the Defendant: “Around August 6, 2018, the Defendant was on board the victim C as the head of the vessel D head from August 7, 2018 to January 2019.”

However, in fact, the Defendant, at the time of March 10, 2018 to July 1, 2018, had no intention or ability to board as the head of the above D, even if the Defendant received the advance payment from the victim, on the part of the E, the Defendant would be on board as the crew of the B fishing boat.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the NongHyup Bank account (G) in the name of the Defendant, who is a person who is the defendant, on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint, employment contract, cash custody certificate, and receipt for account transfer;

1. Investigation reports (suspect A fishing vessels) and application of statutes on details of fishing vessels on board;

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

1. The sentencing of Article 62(1) of the Criminal Act is recognized to be erroneous in the reasoning of the suspended sentence, the amount of fraud is 10 million won, the amount of fraud is 10 million won, there is no serious criminal record exceeding the previous or fine, and the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., shall be determined