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(영문) 인천지방법원 2019.01.09 2018고단8071
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 22, 2018, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for an injury at the Incheon District Court, and the judgment became final and conclusive on March 30, 2018.

[Attachment] The Defendant is the representative of F Co., Ltd. (hereinafter “F”) established on October 19, 2016 for the purpose of trucking transport business.

G, H, etc. Large Trucking Transport Business Operators entrusted trucking freight forwarder such as the I Co., Ltd. (hereinafter referred to as “I”), and I re-entrusted trucking transport to F.

F through Internet display such as “J” and “K”, the F operated a business to arrange for the carriage of the said cargo to an individual transportation business entity, and to pay part of the transportation cost received from I to the individual transportation business entity, and to make profits therefrom.

In order to increase the place of sales, the Defendant set up an excessively lower amount of the transport cost received from I, which would be more than the transport cost received from I to the individual shipping business operators, and accordingly, would have been affected by business difficulties, such as the increase of the company liability.

On September 21, 2017, the Defendant transferred the F's permit for truck transportation brokerage business to L Co., Ltd. with the amount of KRW 45 million in order to secure company operating expenses. However, if additional sales are not raised, the Defendant still could not pay the existing transportation cost of individual transportation business operators.

【Criminal Facts】

On December 1, 2017, the Defendant made a false statement to the effect that “The victim Z will pay KRW 330,000 as the transport price on the face of the transport of H goods from Daegu to Busan,” using the Doctrine (J).”

However, in fact, F is obligated to receive the amount of money that would not reach the transport cost of the above cargo from I, and the remainder of the transport cost should be paid separately from F, but F is due to the shortage of funds as stated in the above premise.

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