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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
From October 2010, the Defendant had been operating “D” as a cargo transport intermediary in Changwon-si, Changwon-si.
On December 20, 2010, the Defendant concluded that “F, a trucking business operator, shall pay KRW 700,000 per page of the transport of fishery products to the innate or Pyeongtaek-si, and shall settle the transport cost per 15 days per month,” to the victim G operating “F,” a trucking business operator, in the E near E quantity located in Changwon-si, Changwon-si.
However, the defendant was planning to use transportation expenses to prevent the victim from returning other debts because of the accumulated situation where the enemy was accumulated. Since the defendant did not have any revenue or property, there was no intention or ability to pay the cost even if the fishery products were transported by the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim transport fishery products from E to E, Y and Pyeongtaek area on January 28, 201; and (c) did not pay KRW 650,000,000 for transportation expenses from around March 21, 201; and (c) did not pay KRW 27,860,000 for transportation expenses over 45 times until March 21, 201; and (d) obtained pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to G, H and I;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (including the amount of punishment, circumstances leading to the crime, agreement with G which is the largest victim, and the fact that there is no criminal record of the same kind or suspension of execution