사기
The defendant shall be innocent.
1. On December 9, 2014, the Defendant, who was charged, called the representative director of Busan Jung-gu, Busan (State) CD, and had no intent or ability to pay the cost of transportation, called the victim at the above office to the (State) General Distribution Office of the New World (State), and paid the transportation cost to the end of the next month according to the business practices of the transportation industry from the Busan New Port to the Busan Metropolitan City.
The phrase “ makes a false statement.”
As above, the Defendant: (a) by deceiving the victim as above, let the victim transport the cargo; and (b) did not pay the transport cost of KRW 693,00,000 to obtain pecuniary benefits equivalent to the same amount; and (c) from around that time to January 30, 2015, the Defendant acquired pecuniary benefits equivalent to KRW 5,093,00 in total as indicated in the list of crimes in the following manner.
2. Determination
A. According to the facts charged in this case, in order to establish a crime of fraud against the defendant, the fact that the defendant had no intention or ability to pay the transportation charge at the time of requesting the transportation to the victim company, and that the defendant knew such circumstance and requested transportation to the victim company should be recognized without any reasonable doubt.
B. First of all, according to the health cost and the evidence duly examined and adopted by this court on the intent to pay transport charges and capacity, the Defendant’s operation first of all, began to decline in sales on January 2014. In the second half of 2014, there was a considerable amount of KRW 20 million every month, and the Defendant seized the Plaintiff’s deposit of approximately KRW 35 million every month in the second half of 2014, when requesting the transport of the victim company. < Amended by Presidential Decree No. 25777, Dec. 2, 2014; Presidential Decree No. 25 million in the transport charges to be paid to F; Presidential Decree No. 25 million in the transport charges to be paid to other companies; Presidential Decree No. 20657, Feb. 25, 2015; Presidential Decree No. 25777, Jan. 20, 2015>