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(영문) 창원지방법원 2019.07.18 2018고단3261

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who operated a freight forwarder with the trade name “D” in Busan Dong-gu B Building C.

On December 1, 2017, the Defendant called the victim E at the above D office, and called “to pay the amount equivalent to KRW 410,000 and KRW 10% of the value-added tax, within 45 days after the transport of container cargoes in the five parts, Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

However, in fact, the defendant had no intention or ability to pay transportation charges to the victim within the due date because of the cumulative accumulation of the enemy from October 2017, while the unpaid transportation charges to the transportation business operators, such as the victim, have increased, but even if the victim requested transportation due to the absence of available assets, it would have to appropriate the money from the owner for the payment of the unpaid transportation charges, payment of wages, and payment of customs duties.

Nevertheless, the Defendant, as seen above, made the victim make a false statement, and had the victim from that time until June 12, 2018 carry a transport amounting to KRW 101,172,500,00,000, from that time, as indicated in the attached list of crimes, and obtained pecuniary benefits equivalent to the same amount as the Defendant did not pay a total of KRW 17,714,50,000, which is a part of the transport fare on December 2, 2017, as well as a total of KRW 83,458,00,00.

2. The defendant asserts that the defendant did not request the FF Co., Ltd. (hereinafter "F") operated by E to transport cargo, but failed to repay 83,458,00 won in total, or that he did not intend to acquire pecuniary profits equivalent to the above transport cost.

The establishment of fraud through deceitation of property profits from the provision of services should be determined at the time of receipt of the service. The defendant will make a contract with the other party to provide the service and pay the service price at the time of receipt of the service.