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(영문) 수원지방법원 성남지원 2016.06.01 2016고정345
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, against the victim C, committed fraud with respect to the trucking article of “D” and the smartphone display application that connects customers, with the intent of gaining pecuniary benefits equivalent to the transport cost by requesting the carriage of the goods to the transport articles using the above display system as a customer and not paying the transport cost.

On February 12, 2015, the Defendant posted a letter stating that “The Defendant would pay the transportation cost of KRW 250,000,00 to the victim C by transporting packaging boxes from the non-subsidiary company in the city of Kuri-do to the non-product agricultural product processing company in the Gyeongbuk-do’s nature.”

However, in fact, the “E”, which is a cargo transport brokerage company operated by the Defendant, had already been in default on or around August 2014, was under circumstances where the transportation cost was not paid to another transportation business entity, and was under circumstances where the transportation cost was not refunded to another transportation business entity, and there was no other personal property, and the Defendant did not have the intent and ability to pay the transportation cost as above.

Nevertheless, the Defendant: (a) by deceiving the victim as above and having the victim transport the packaging boxes as above; (b) thereby, (c) obtained pecuniary benefits equivalent to KRW 250,000 from tin.

2. The Defendant, with respect to the victim F, had the truck transport articles meet the truck transport articles through the display prescribed in paragraph 1, and had the above article transport the cargo, and did not pay the transport cost, with the intent to acquire pecuniary profits equivalent to the transport cost.

On July 15, 2015, the Defendant: “Around 11:00, the Defendant would pay the Victim F the transportation cost of KRW 220,000,00, for lighting fixtures packed in boxes in J in Seoul, Jung-gu, Seoul, to Busan.”

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