A defendant shall be punished by imprisonment for six months.

All of the applicants for compensation are dismissed.

Punishment of the crime

On May 2012, the Defendant called the victim B by telephone at the scam site, stating that “The Defendant would pay the transport cost as completed by the construction work on the surface of soil transport while leaving the C mountainous district work.”

However, the fact that the defendant would cultivate the mountain without receiving the construction cost on the face of the right to sell earth and sand to forest owners.

In other words, there was no intention or ability to pay the cost of transport to the victim because it was intended to sell earth and sand after being entrusted with the reclamation work, but the completion time of the reclamation work was not completed without finding any particular market, and the victim did not have an intention or ability to pay the cost of transport to the victim because the purchase price of the land was delayed for not less than three months.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) caused the victim to engage in the transport of earth and sand using dump trucks from around that time to June 2012; and (c) did not pay approximately KRW 20 million for the transport cost; and (d) obtained pecuniary benefits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 32 (1) and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;