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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, “C” as a household delivery service provider in Busan Metropolitan City B, and, on January 7, 2020, at a place where the name cannot be known, requested the victim D to pay the cost of transportation normally through mobile phone transport service using the mobile phone transport service mar (Nationwide 24cc call) at the location where the name is unknown.
However, in fact, the Defendant, without any particular property, was liable to pay KRW 300 million, such as financial right loans, personal debts, delinquent taxes, etc., and the management of the said C has deteriorated and the closure of business around April 1, 2020 is practically difficult. Therefore, even if the victim delivers his/her household, the Defendant did not have any intent or ability to pay transportation expenses.
The Defendant, around January 7, 2020, had the victim deliver the said household from the “F” store located in Sinnam-si to the said C, and did not pay KRW 220,000 for the transportation cost. From December 3, 2019 to March 27, 2020, the Defendant had the victims deliver the household 14 times in total and paid KRW 5,058,000 for the transportation cost.
Accordingly, the defendant deceivings victims, thereby acquiring financial benefits equivalent to 5,058,000 won.
【2020 Man-Ma5501” The Defendant operated the “C”, a household delivery service provider, in Busan Metropolitan City B, and around January 14, 2020, through the “Nationwide 24 cc call,” a mobile phone transport service, at a non-place on an irregular basis, requested the victim G to pay the normal cost of transportation.
However, in fact, the Defendant, without any particular property, bears the obligation of KRW 300 million, such as financial right lending obligations, personal obligations, delinquent taxes, etc., and the management of the said C has deteriorated and eventually has become worse, and thus, there is no intention or ability to pay transportation expenses even if the victim delivers his/her household.