2. Determination

A. The summary of the facts charged in the instant case is the representative director of the C Co., Ltd. with the members B and the second floor of Ansan-si.

On October 13, 2015, the Defendant posted an advertisement at the cargo advertising website stating that “(i) large companies D fixed vehicles are loaded, (ii) three to four parts of the truck, (iii) five to six parts of the truck, (iv) five to six parts of the truck, and (iv) the end of the day, as soon as possible, (v) 14:00, the late 17:00, and (iv) 5,80,000,000 of the additional 60 to 7:7,000,000,000 to 4.80,000,000,000,000,000,000,000 won, and (iv) the victim E, who was believed to be the fact of the above advertisement at the above C office around October 13, 2015, shall be able to have a stable transport of KRW 730,000,00,000,00,00.

However, the facts revealed that the Defendant only thought to introduce the victim as a cargo driver to F Co., Ltd. (hereinafter “F”), located in the Changwon, and did not have concluded a cargo transport contract with D, and the said F also did not have concluded a cargo transport contract with D in a fixed manner. Therefore, even if the victim received the cargo purchase price from the victim, the Defendant did not have the intent or ability to arrange for a fixed cargo transport to the extent that the victim would be able to obtain the net profit of KRW 4.8 million per month.

The Defendant, as above, deceiving the victim and deceiving him/her as a result of the purchase price for cargo vehicles, is KRW 1 million around October 15, 2015, and KRW 60 million around October 20, 2015.