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(영문) 서울서부지방법원 2020.02.05 2019고정577

사기

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

(State) The defendant is the representative of B.

On August 5, 2016, the Defendant stated that the combined freight forwarding business is C as if he/she had obtained permission for the combined freight forwarding business as the competent authority, and falsely stated that the Defendant would transport this article to the English Kentterbee address when he/she pays KRW 1.130,00 to the victim D in the Seongbuk-dong, Seongbuk-si, Seongbuk-si on August 5, 2016.

However, in fact, the defendant did not obtain permission for the combined freight forwarding business, and it was possible to request another shipping business operator to transport the above directors' cargo, but it was difficult for the defendant to pay the expenses properly to another shipping business operator because the financial condition of the company that he operated was extremely poor at the time, and it was thought that the victim would be required to bear the additional transportation charges, so there was no intention or ability to complete the transportation of the directors' cargo without the additional transportation charges even if he received the transportation charges agreed by the victim

The Defendant, as such, by deceiving the victim, received 1.13 thousand won from the victim under the same day transportation fee.

Summary of Evidence

1. The witness D’s legal statement (the “1.30,000 won was finally confirmed several times, and there was no response, and the Defendant did not deny that there was no response.” The Defendant was cut down and locked, and the Defendant was given a confluence to the transport of the said money when the Defendant was faced with, inter alia, at the time of coming to the call of the United Kingdom.” The word “additional cost” was first sent to the call of the United Kingdom upon arrival;

1. It is soon corrected that it was indicated as a "combined freight forwarding business C" on the website even though it was not permitted to conduct a business of the combined freight forwarding business for the defendant.

The fact is that the economic situation at the time is not good, and 1.2 million won has been paid to F and the victim has not been able to receive cargo.