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(영문) 인천지방법원 2014.06.12 2014고단1642

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in transportation business under the trade name of “F”.

1. On May 2012, the Defendant made a false statement to the victim I operating a trucking transport business with the trade name of (H) H at the office of 308 of the Nam-gu Incheon Metropolitan City G Building, stating that “If the freight transport is paid in cash in the cost of carriage of cargo or if the cost of transportation is equal to KRW 15 million, the Defendant would transfer 1 of the above money to the substitute.”

However, in fact, the defendant did not have any intention or ability to pay the cost even if he received the transport service from the victim because he did not pay the cost of the transport service in excess of KRW 30 million,000,000,000,000,000,000,000,000, which was imposed on the above FF company.

Nevertheless, the Defendant, as such, received transportation services equivalent to approximately KRW 440,00 from the victim on May 19, 2012. On May 25, 2012, the Defendant received transportation services equivalent to KRW 660,000,000 from the victim. On May 31, 2012, the Defendant did not pay the cost despite having received transportation services equivalent to KRW 187,00,00,000.

2. In the vicinity of Incheon around June 1, 2012, the Defendant made a false statement to the effect that “The Defendant would have received a contract for transportation service from the Korea Transportation Corporation. If the Defendant received money from Korea Transportation Corporation, he will immediately pay the transportation cost in cash.”

However, in fact, the transportation cost to be paid by the Korea Transportation Corporation was set off against the Defendant’s obligation, and the transportation cost was also set off against the Defendant’s obligation, and the amount of the transportation cost imposed on the Defendant at the time was set up to KRW 30 million, and the above FF company did not pay a fine for negligence of KRW 6 million, corporate delinquent tax of KRW 16 million. Thus, there was no intention or ability to pay the transportation cost even if the Defendant received transportation service from the victim.