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A defendant shall be punished by imprisonment for not more than ten months.
However, 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
"2012 Highest 9"
1. From May 2010 to February 2, 2011, the Defendant, while operating a cargo transport intermediary in the name of “(E)” in Daegu Northern-gu, Daegu-gu, the Defendant agreed that the Defendant will have the charges for arranging the general heavy goods (cargos that need to be dismantled for transport beyond the Road Act).
On September 3, 2010, the Defendant was entrusted with transportation of LS468 and parts from the F to the Yeonsu-gu Incheon Yeonsu-gu, Yeonsu-gu, Incheon, and was transferred KRW 3,000,000 under the name of the national bank account (Account Number G) in the name of the State used by the Defendant, and then embezzled KRW 15,460,000 in total on seven occasions from the time on October 31, 2010, without delivering KRW 2,200,000 for general heavy goods transport expenses to the victim, and arbitrarily consumed for the said temporary light expenses, etc. from the time to October 31, 2010.
2. Fraud;
A. On July 31, 2010, the Defendant made a false statement that “The Defendant would immediately pay transport charges 45 days after the date of transport,” even if the Defendant did not have any intent or ability to pay transport charges to the victim even if he entrusted the transport of F’s cargo to the victim, as the Defendant had any obligation to pay F to F, and even if he/she transported F’s cargo, he/she did not receive F’s freight from the Dong.”
As above, the Defendant: (a) by deceiving the victim so that the victim may transport the cargo from the Ulsan-gun to the Gangnam-gun; (b) obtained pecuniary benefits equivalent to KRW 1,540,000 from the transportation cost; and (c) from that time, until November 1, 2010, the Defendant made the victim transport the cargo seven times, such as the list of crimes (2) in attached Form 2, and then made the victim transport the cargo more than 21,461,00 won.