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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On September 17, 2014, the Defendant, at the C hotel coffee shop located in Scheon-si, held the victim D with the right to transport coal re-transport from E Co., Ltd. (hereinafter “E”) to F Co., Ltd. (hereinafter “instant transport right”), and acquired the said right to transport coal re-transport.
If 50 million won is paid in return for the transfer of the transport right, it will be possible to immediately transport the right immediately after the contract, and it will be possible to transport the right for five years in the future.
It stated that the 50 truck truck was prepared to be transported immediately, and that it was false.
In addition, the Defendant prepared a written contract related to the carriage of coal G Co., Ltd. at the I office of the victim's operation in Hah-si around September 18, 2014, and the victim "to be able to transport coal."
B. In order to conclude a coal re-transport contract, a person who presents the payment of KRW 100 million was also false.
However, in fact, the J Creation Corporation was suspended for a considerable period of time, and E did not enter into a contract with F to transport coal materials. Since the Defendant or E did not obtain permission related to the transport of coal materials, which is wastes, the Defendant or E could not acquire the right to transport coal materials. Therefore, even if the Defendant received the payment of KRW 50 million from the injured party, he/she would immediately cause the injured party to transport coal materials of FF corporation and did not have the intent and ability to obtain the compensation for the transport.
On September 19, 2014, the Defendant deceivings the victim as above, and was transferred KRW 50 million to the national bank account (K) in the name of the Defendant on September 19, 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, L and M;
1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution (including the D and each M);
1. Statement made by prosecution against M;
1. Each of the defendants;