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(영문) 창원지방법원 2014.12.17 2014고단1584
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, against the victim C, was a person operating freight forwarder E with the office of heading 502 office in Changwon-si, Changwon-si, and had been in excess of the obligation accumulated from the end of 2012, and the unpaid transportation charges not paid to the freight forwarder reached approximately KRW 25 million, and even if the freight forwarder requested transportation due to the lack of available assets, the Defendant would have to appropriate the money received from the owner of the goods to pay the unpaid transportation charges for the unpaid transportation charges. Thus, the Defendant had no intent or ability to pay the transportation charges.

Nevertheless, on March 2013, the Defendant concluded that “A victim C, who is a trucking business operator, will pay transportation expenses within 60 days on credit,” and caused the victim to carry a total of KRW 1,634,000,000,000,000,000,000 to G factory located in Jeonnam-si, Kim Jong-si, G from the G factory located in the Seoul Special Self-Governing Province in Seoul Special Metropolitan City to December 18, 2013, and obtained financial benefits equivalent to KRW 1,63,00,000,000,000,000,000, and did not pay the remaining transportation charges.

2. From January 1, 2013 to December 18, 2012, the Defendant: (a) requested the victim H to transport 4,33,40,000 won of the freight of the said G factory by the aforementioned method; and (b) had the victim carry a transport equivalent to the said G factory freight; and (c) paid the victim KRW 6,99,00,000 to acquire pecuniary profits equivalent to KRW 3,635,000 among them.

3. From the beginning of April 2013 to the beginning of December 2, 2012 of the same year, the Defendant: (a) requested the victim I to transport 207668,000 won of the said G factory freight; and (b) caused the victim to transport 207,000 won of the said G factory freight; and (c) paid only nine million won to the victim, thereby acquiring property benefits equivalent to KRW 1,1768,000.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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