Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who carries out transportation and export and import clearance agent business under the trade name of “D” in Jung-gu Incheon Metropolitan City CA.

On August 7, 2015, the Defendant posted the title "A Company D's food and cosmetics-specialized Chinese air and shipping normal customs clearance (trade agency)" on the Internet E Caf (trade and distributor's meeting) bulletin. On January 4, 2016, the Defendant requested the victim who reported and contacted the above bulletin to "the 497.9km (3 M&) to transport the cosmetic to the city for the same sex of China" and transported the 3,500 won per Kg by means of normal customs clearance until it is late, for the same sex of China."

The phrase “ makes a false statement.”

However, even if the request for transportation of cosmetics was made by the injured party, there was no intention or ability to transport the cosmetics through normal customs clearance.

On January 6, 2016, the Defendant received 35,697,000 won at the market price as a logistics warehouse located in the Seo-gu Incheon, Seo-gu, Incheon, and received 1,743,000 won at the Nong Bank (G) account in the name of the Defendant on February 29, 2016.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of the witness H and I;

1. Statement made by the police against J [the defendant and his defense counsel was aware that the victim was not a normal customs clearance;

However, the police and the prosecution have already taken charge of transportation to the defendant on the premise that the victim is a normal customs clearance.

[Judgment] Application of the statute

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;