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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
1. On January 2, 2008, the Defendant entered the F Association in Gangnam-si E, and on March 2, 2015, the Defendant has an overall control over the business affairs of the Association, such as acting as an agent in preparing various reports of Si/Gun administration by trucking transport business operators.
On February 2, 2015, the Defendant received a request from the Victim HJ to change the name of the representative of “HI”, a truck transport arrangement company, from “HJ” to “HK,” and accordingly, the Defendant had a duty to apply for change of the name of the representative of the truck transport arrangement business permit to the government office upon the said request.
Nevertheless, the Defendant violated his duties and without changing the name of the representative, and at that time delivered the truck transport brokerage business license and the report on transfer or takeover, etc. received from the injured party in the course of the above application to the broker in an irregular manner, thereby allowing the said business operator to change the name of the license to another person.
As a result, the defendant acquired property benefits equivalent to KRW 17.5 million, and suffered property damages equivalent to KRW 20 million, which is the general market price of the permit by the victim.
2. On February 2015, the Defendant: (a) obtained a delegation from the Victim HJ, the representative of “HI, to transfer the truck transport brokerage business license; and (b) used the original copy of the license and the certificate of seal impression; and (c) used that the Defendant had the intent to forge the transfer/transfer contract, etc. on the said license to sell the cargo transport brokerage business license to HI without the said victim’s permission.
The defendant around that time, at a French coffee shop located in Gangnam-si, and the defendant's contract and report on the transfer and takeover of the truck transport business, which the injured party affixes his/her seal imprint to the broker who is not a broker.