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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 2641] The Defendant was a person who had worked as the president of corporation E in Gwangju Metropolitan City Mine-gu from May 2016.
1. On June 17, 2016, the Defendant alleged that the Victim F would guarantee the Victim F a monthly net income of KRW 7 million when purchasing a truck that has secured the volume of the cargo at a fixed route between Daegu and Gwangju.
However, in fact, the Defendant did not secure the volume of the fixed route between Daegu and Gwangju, and did not secure the fixed volume of the truck purchased by the victim, so even if the victim purchases the truck, the Defendant did not have any intention or ability to secure the volume of the cargo of the fixed route and ensure the net income of 7 million won per month.
As such, the Defendant, by deceiving the victim, had the victim enter into a sales contract for H and I treatment 25 tons of truck on the same day, and transferred KRW 109,000,000 to H under the name of the Gwangju Bank account in the name of the Defendant, under the pretext of the purchase price of the freight vehicle, the number plate of the truck, and the fixed route premium, and remitted KRW 98,50,000 among them to H.
Accordingly, the defendant, by deceiving the victim, acquired KRW 10.5 million, and had H acquire KRW 98.5 million.
2. Any person who violates the Automobile Management Act shall file for registration with the head of a Si/Gun/Gu in order to run a motor vehicle management business (motor vehicle trading business, motor vehicle trading brokerage business, etc.);
On June 17, 2016, the Defendant, without registering with the competent authority, assisted the conclusion of the I treatment 25 tons of car trucks from G (representative H) located in Pyeongtaek-si in Gyeonggi-do to enter into a sales contract for the I treatment 25 tons of car trucks between F and H, and provided the I treatment 10,500,000 won with the brokerage fee.
3. Trucks violating the Trucking Transport Business Act;