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(영문) 서울중앙지방법원 2013.12.12 2013고단4617
사기
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is the actual operator of the D Co., Ltd. with the purpose of trucking transport business, etc. in Seocho-gu Seoul Metropolitan Government Office No. 606 from April 2009 to March 2012.

The Defendant entered into a transport contract with the Daelim B&C, which is a production company, such as the world, and had the victim F&C or cargo operators transport the goods of the E representative E to the agency nationwide, and paid E or each cargo driver the freight after deducting the delivery fee from the large-scale B&Cco. On August 201, the occurrence of legal disputes, such as being subject to seizure of claims based on the unpaid transport payment obligation from the large-scale trucking company, which is the other trucking company, led to the occurrence of the financial flow. The Defendant used the delivery fee received from the large-scale B&C Co., Ltd., which is the customer, for the existing debt and office operating expenses, and was unable to pay the transport fee to the cargo officers, such as E, from time to time. Moreover, even if the personal debt amount of KRW 40 million, corporate debt amount of KRW 70 million, tax amount of KRW 400,000,000,000,000,000 won, there was no intention or ability to provide funds to the victim.

Around August 2011, the Defendant stated that “The Defendant would pay the victim F, a representative of the said D Co., Ltd, for the transport of the goods, such as the three-dimensional equipment produced by the Gebnb Co, Ltd, according to the entrustment contract.”

Nevertheless, around August 8, 2011, the Defendant: (a) had a freight driver G transporting goods equivalent to one ton from a window to a tampin; and (b) did not pay KRW 165,000 for the transport cost from around that time to February 2012; and (c) had a total of KRW 244,05,108 for 793 times in total in the same manner as the attached list of crimes (1) and (2).

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