A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

The defendant is a person who acts as a broker, etc. for the transfer and takeover of trucking transport business under the trade name of D in Jung-gu Incheon Metropolitan City.

On November 6, 2017, the Defendant was commissioned by the victim B to intermediate the acquisition of E-transport business, which is a trucking transport business operator, from the above D office, on November 7, 2017, and was transferred KRW 500,000 as the down payment around November 7, 2017, and transferred KRW 51,00,000 to the post office account in the name of the Defendant’s name of the Defendant and transferred the money to the company bank account in the name of F that the Defendant manages, and revised the criminal facts to the extent that the Defendant’s defense is not infringed in light of the evidence record.

From November 7, 2017 to November 9, 2017, G, an intermediary of the above E, paid KRW 55 million to G, and received documents necessary for the transfer and takeover of the above E’s trucking transport business, such as a certificate of seal imprint, etc., and accordingly, submitted the documents necessary for the transfer and takeover of the above E’s trucking transport business. Therefore, even though there was a duty to make the victim take over the above transport business through the procedure for reporting the transfer of the above transport business, in violation of the said duty, he/she acquired the victim’s economic benefits equivalent to KRW 54 million from H around November 27, 2017 and KRW 53 million from H around November 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. Each investigation report (the details of transactions at entry and departure, applications for communications data, H currency investigation, I telephone call, and hearing of complainants' statements);

1. Details of deposit transactions, remittance statement, certificate of balance of deposits, details of post office transactions, details of transactions, each transaction (F, J, K use, A), customer basic information reply, details of J transactions, and details of transaction A;

1. E certificate of seal imprint, copy of business registration certificate, copy of cargo transport certificate, and each motor vehicle registration certificate;