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(영문) 부산지방법원 2018.03.21 2017고단5710
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, who is working as the representative director of the FF on the fourth floor of the building in Busan Jung-gu E, and was engaged in the export-import container transportation business, etc. in the way that the Defendant, after receiving a request for transportation of freight from the companies, including GSk Tech, was engaged in the business of transportation of goods to the local government-invested borrowers or the cooperative operators.

[2017 Highest 5710] On December 2015, the Defendant made a false statement to the effect that “The Defendant would pay the victim H, a borrower, with the freight requested to be transported by our company, within 45 days after the end of each month, in the manner of paying the freight for the relevant month,” at the early F Office of the first instance on December 2015, the Defendant made a false statement to the effect that “the Defendant would pay the freight within a period of 45 days after the end of each month, by means of transporting the freight requested to be transported by our company.” From that time to July 2016, the Defendant continued to pay the victim the freight for the transport of the freight, and thus, would have to pay the freight for the transport of the freight without fail.”

However, due to the aggravation of the financial situation from the second half of 2013, F was difficult to operate the company through the funds borrowed from banks and debentures companies. On January 2016, around 2016, the amount of KRW 40 million increased rapidly.

In addition, the Defendant did not have any intention or ability to pay the freight charges to the victim properly because the Defendant did not pay the freight charges to nine members including I, J, K, L, M, and N in addition to the victim from November 2015 to July 2016.

The Defendant, from December 2, 2015 to July 22, 2017, had the victim continue to perform the freight transport business for the Defendant, thereby obtaining pecuniary profits equivalent to KRW 82,41,835 in total of the freight charges, by allowing the victim to perform the freight transport business for the Defendant.

[2017 Highest 5838] The Defendant is the executive director of the F (ju) F at the store below Ulsan on April 7, 2016 and the site.

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