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(영문) 서울남부지방법원 2020.10.21 2020고정1430

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a de facto operator of “C” located in Chungcheong-gun B.

On February 2, 2016, the Defendant made a false statement to the victim D, who is a cargo transport business operator, requesting the carriage of cargo and paying the transport cost in lump sum on the following month.

However, in fact, the defendant had no intention or ability to pay transportation expenses even if he/she requests transportation of cargo as above, because he/she had failed to pay the office rent for three months or more, and has experienced financial difficulties, such as delinquency in payment of various public charges.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim engage in the carriage of goods from the Sungdong-dong to the above C on February 18, 2016; and (c) had the victim engage in the carriage of goods over 13 occasions from that time to May 31, 2016, and did not pay a total of KRW 6,520,000,000 from that time, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Compliance with the police's statement statement of the defendant concerning D partially stating the defendant's court statement, and reporting an investigation (report on telephone conversations between the complainant and the other complainants related to the fact of the complaint), application of Acts and subordinate statutes

1. Article 347(1) of the Criminal Act, Article 62(1) of the Criminal Act (Article 347(1) of the Criminal Act, Article 62(1) of the Suspension of Execution of the Selection of Fines (Article 347(1) of the Criminal Act, comprehensively including relevant legal provisions on criminal facts and the choice of punishment for the crime, the fact that there is no same criminal record, and the victim does not want punishment for the defendant after the request for formal trial

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a suspended sentence of imprisonment is invalidated or revoked);