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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Criminal facts
The defendant is the representative director of C, a corporation that is the transportation, good offices, and good offices of motor vehicle transportation in south-gu B at port.
On September 1, 2017, the Defendant, at the office of the above company, performed cargo transport as if it would normally settle freight rates at the face of the week, which is requested by C Co., Ltd., at the office of the above company, and requested the victim E, a cargo driver, to transport freight.
However, in fact, from March 2016, the Defendant raised funds by means of credit loan, personal cash loan, etc. to start the elevator business, but the elevator business continued to accumulate the deficit, the Defendant was required to first use the freight rates received from the original company in repayment of the borrowed amount. On March 2018 due to the accumulation of deficit, the financial situation, including the freight payable by C around KRW 80 million, etc., of the company around March 2018, the Defendant did not have any intent or ability to pay the freight charges to the victim within the normal settlement date even if the victim had caused the transportation of the freight.
As above, the Defendant: (a) had the victim E by deceiving the victim E, and had the victim E receive cargo transport services equivalent to the freight rate of KRW 481,289 on the same day (the point of departure: F; the point of arrival; the point of arrival); and (b) had, thereafter, been provided with cargo transport services equivalent to the sum of KRW 506,846,907, total sum of 588 times in September 4, 2018, as shown in the separate list of crimes, as shown in the separate list of crimes.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Legal statement of witness D;
1. Statement by the prosecution concerning D;
1. Each police statement on E/G, H, I, J, K, L, M, N,O, P, Q, R, T, U, and V;
1. Each complaint, each statement of unpaid transportation charges, each full statement of each registered item, each receipt certificate, each tax invoice, each proxy, each letter of credit, "CBC Account and each bill of exchange," a complaint, etc., each dispatch statement, each transport fee statement, each copy, each copy, text message, and text message.