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(영문) 수원지방법원 안산지원 2017.06.23 2016고단4618

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was a person who operated a logistics agency on the fifth floor of the Si building C in Mapo-si with the trade name “D” (hereinafter “D”), and the victim E Co., Ltd. (F. prior to the change) is a cargo transport company located in Gangnam-gu Seoul Metropolitan Government.

On May 2015, the Defendant called the victim company by phoneing to the victim company, and made a false statement to the employees of the victim company with no name “to pay freight charges by the end of the following month on the face of the transportation of chemical articles.”

However, the defendant was operated at the time.

D was unable to pay 800 million won or more obligations, such as warehouse rents, transportation expenses to other cargo carriers, employee wages, etc., which are to be paid to the Korean complex logistics company, and there was no intention or ability to pay freight charges even if the victim company transported D freight.

The defendant deceivings the victim company by the above method and caused the victim company to be affiliated therewith from June 1, 2015 to the same year.

9. From September 1, 200 to December 200, the freight carriage was not paid to 232 times in total as indicated in the annexed list of crimes, and the freight carriage amounting to 28,351,400 won was acquired.

Summary of Evidence

1. The defendant's second oral statement;

1. Statement of the defendant in the protocol concerning the examination of the suspect of the prosecution;

1. Statement made by the police with H;

1. Application of the relevant statutes on transport details;

1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime are as follows: (a) the Defendant recognized the facts charged in this case; (b) the Defendant has no record of fine or heavier punishment; and (c) a partial deposit for the victim, etc. are favorable circumstances.

However, without any specific method or plan to pay transport charges, the Defendant had the victim carry a total of 232 freight transport over three months, and in particular, D had D carry a total of 232 freight transport. < Amended by Act No. 13483, Aug. 2, 2015>