From July 2009 to July 2013, the Defendant engaged in trucking transport business, intermediation business, etc. with the trade name “Co. E” in Sejong Special Self-Governing City D 204.

[2014 Highest 1944] In around April 2013, the Defendant made a false statement to the effect that, by telephone, the victim F, who is a truck transporter of a truck by telephone, will pay to the employees the transport charges to the Daegu-gu and the Gyeongbuk-gu, the Seoul Special Self-Governing City (Seoul Special Self-Governing City) where the cremation was loaded, and the transport charges to him/her will be paid on the last day of the following month.

In fact, from around December 2012, the Defendant was operated by the so-called return method, such as the failure to pay transport charges due to the difficulties in the operation of the company, etc., and there was no intention or ability to pay transport charges because of the financial situation, such as there was a debt amounting to KRW 900 million at the time, etc.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to transport cremation sites, etc. using G trucks from April 2013 to June 2013; (c) did not pay KRW 3,156,000 for the transport fee; and (d) did not pay KRW 102,057,186 for the total of 34 victims as indicated in the attached list of crimes; and (b) obtained pecuniary benefits equivalent to the same amount.

[2014 Highest 2412] On March 19, 2013, the Defendant made a false statement that “if the Defendant loaded the cargo from the Han Jin-jin's office and transported it to a small-scale printing company in the Gyeonggi-do area, the Defendant would pay the freight on the last day of the following month.”

In fact, since around December 2012, the Defendant was unable to pay the transport fee when it was difficult to operate the company, and since the financial situation such as there was a debt amounting to KRW 900 million, the Defendant did not have the intent or ability to pay the transport fee to the victim.

As above, the defendant deceivings the victim and is up to it.