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(영문) 수원지방법원 안산지원 2014.05.15 2013고단2837

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 201, to August 201, 201, the Defendant is a person who operated D Co., Ltd., a cargo transport broker company from the members C and the second floor of Ansan-si from August 201 to August 2013.

On June 4, 2013, the Defendant made a false statement to the victim E at the above D office that “The Defendant would pay all transportation expenses to the victim E at the end of the month, on the face of the year.”

However, the defendant did not have any special property, and because it is difficult to resolve the employee's pay, insurance premium, monthly income of the office, and national tax appropriation, the defendant did not have any intention or ability to pay the cost of transportation normally even if the transportation of cargo is arranged to the victims.

As such, the Defendant, by deceiving the victim E, had the said victim transport goods from the “G in Pyeongtaek-si F on the same day to the “subsan New Port in Gangseo-gu Busan Metropolitan City,” and did not pay 480,000 won for transportation.

In addition, the Defendant, from around that time to July 26, 2013, had the victim E, the victim H, and the victim I arrange and transport the cargo, and did not pay a total of KRW 16,890,000 for the transportation cost, as stated in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to I, E, and H;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (to select a fine in consideration of the following factors: (a) the primary offender has agreed to do so; (b) the primary offender; (c) the developments leading to the instant crime; and (d) the age of the accused;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;