The defendant pays 27,00,000 won to the applicant for compensation, which is equivalent to the amount obtained by deceit.

On April 2016, the Defendant made a false statement to the effect that, at the D office of the Defendant’s operation, a cargo transport company located in Guro-gu Seoul Metropolitan Government, the Defendant sought from the victim B the freezing truck with a freezing device of at least 200,000,000, which is equipped with a freezing device of at least 2015, and would arrange for the issuance of the vehicle license plate for cargo transport service providers and transportation services.

However, in fact, the Defendant had a personal obligation of approximately KRW 30 million at the time, and the amount received from the victim was thought to be used as business operation expenses, such as repayment of the Defendant’s debt, payment of wages, transportation expenses, etc., and thus, even if receiving the money from the victim, the Defendant did not have the intent or ability to seek freezing the money from the victim or arrange the transportation work.

Ultimately, the Defendant, by deceiving the victim as such, wired the victim to the Industrial Bank of Korea account under the name of D Co., Ltd. on April 20, 2016, KRW 10 million, KRW 10 million on April 29, 2016, KRW 10 million on April 20, 2016, and KRW 32 million on May 20, 2016.

Summary of Evidence

1. The part corresponding to the defendant's legal statement

1. Legal statement of the witness B;

1. Statement of Transactions by Account (State-D);

1. A deposit certificate;

1. A specification of transactions;

1. Letters;

1. Investigation report (F currency of the owner of the E-vehicle);

1. Application of text messages (A-F)-related Acts and subordinate statutes;

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

1. Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Order (the part of a claim exceeding KRW 32 million shall not be deemed direct physical damage, medical expenses, or solatium arising from the criminal act in the judgment, and five million won out of KRW 32 million was repaid on January 10, 2019);

1. The defendant asserts that the defendant did not have an intention to acquire it by fraud, as to the defendant's argument under Article 31 (3) of the Act on Special Cases concerning Promotion, etc.

However, this Court has duly adopted it.