Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who runs an overseas goods transport business under the trade name of “D.”

Defendant indicated “E” as if he obtained permission for multimodal transport business from the competent authority on the website of the above D, and concluded a cargo transport contract with the victim by stating that “F will transport the freight of KRW 3.7 million in total transport charges to Japan,” on August 26, 2016, the Defendant entered into a transport contract with the victim.

However, in fact, the Defendant did not obtain a combined transport arrangement business license, and the Defendant did not request another transport business operator to pay the transport cost and did not pay the transport cost to the victim. Therefore, the Defendant did not intend to transport the freight without additional transport charge even if he received the transport charge.

The Defendant, as such, by deceiving the victim, received KRW 2.7 million from the victim under the same day transportation charge.

Summary of Evidence

1. The legal statement of the witness C;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report;

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. Determination as to the defendant and his/her defense counsel's assertion under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the applicant for compensation is not the victim of the instant crime, and it is not reasonable to issue a compensation order in the instant litigation procedure)

1. Although the Defendant had an intent to transport the cargo of the victimized person to the destination, the victim did not pay the balance of one million won at the time, and the additional transport cost was incurred due to delay in transportation, and there was no intention to defraud the victim or deceiving the victim.

2. The judgment of this Court is duly adopted and examined by this Court.