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(영문) 수원지방법원 안양지원 2017.07.26 2016고정972
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative director of the Cargo Transport Business Co., Ltd. D (hereinafter “D”) in Busan Dong-gu, Busan. From around 2011 to around September 2014, the Defendant was in charge of business activities, such as receiving orders for cargo transport services, receiving orders, and paying payments. On June 30, 2014, the Defendant requested the F Co., Ltd., Ltd., in the operation of the victim E through employees to transport the cargo amounting to KRW 4,90,000,000,000,000,000,000,000,000,000,000, and requested the F Co., Ltd. to transport the cargo amounting to KRW 9,00,00,000.

However, the defendant did not have the intention or ability to pay the transport cost in time to the victim even if it is requested to the victim due to difficulties such as accumulation of the enemy of D at the time.

Nevertheless, the Defendant, as if he were to pay the transport cost from time to time, deceiving the victim by requesting the carriage of the cargo as above, and then, he received a total of 1,480,000 won from the injured party to receive the cargo transport service at least twice, and acquired the same amount of financial benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the electronic tax invoice of each legal statement of witness E and G;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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