[2014 Highest 1998]

1. Fraud;

A. On March 15, 2012, the Defendant stated that “When acquiring a 2.5 tons freight vehicle owned by D with a seat-in vehicle, the Defendant would have the victim E conduct a transportation day. When working from 10 A.M. to 5 P.M., the Defendant would pay a monthly wage of KRW 290,000 per month and pay oil expenses and tolls separately.”

However, even if the victim purchased the cargo vehicles as above, the Defendant did not have the intent or ability to pay monthly wages, oil expenses, and tolls, which had been promised to allow or promised to have a op range of op range of op range, as agreed by the victim.

Nevertheless, the Defendant made such a false statement, and caused the suspect to pay 28.5 million won as the price for taking over Franchis in the middle and high-tier trading company.

B. Around February 2013, the Defendant sold the Victim G with H2.5 tons of H2.5 tons of cab to the victim G and did not pay transport charges.

On November 14, 2013, the Defendant stated that “The Defendant will give three million won to the victim and give KRW 19 million to the Promissory Notes dated December 31, 2013 on the date of the payment.” On the other hand, the Defendant would return the freight to the vehicle price by December 31, 2013.”

However, the Defendant, upon receipt of a vehicle from the victim, was thought to sell the vehicle to other cargo drivers in conjunction with the cargo transport vehicle, and there was no cargo transport job secured by the Defendant at the time, and thus, there was no reason to seek a transport engineer to purchase the said vehicle. Therefore, there was no intention or ability to pay KRW 19 million for the purchase price of the vehicle that was promised until December 31, 2013.

Nevertheless, the defendant makes such a false statement and belongs to it from the victim.