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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2016 Highest 6609"
1. The criminal defendant against the victim C is a person operating the cargo transportation chain (ju) E in Busan Central-gu D Building 521, and the victim C is a person operating the cargo transportation chain (ju) F.
Around January 2015, the Defendant made a false statement to the effect that “The Defendant would make payment after 60 days from the date on which it had been made to the victim through the instant NAE office.”
However, the above (State) E, which the defendant operated, had been continuously accumulated since 2011 because of the shortage of operating funds and reduction of profits, and around that time, there was a situation where the unpaid obligation to another customer was reached at approximately KRW 400 million, so even if the victim transported the cargo, there was no intention or ability to pay the amount normally.
On February 6, 2015, the Defendant had the victim transport the cargo amounting to KRW 583,00,000, and had the victim acquire the same pecuniary profit.
In addition, from around that time to around August 10, 2015, the Defendant had the victim transport cargo worth KRW 24,640,000 in total over 50 times, such as the list of crimes in the attached Table (1), and did not pay an amount equivalent to KRW 19,209,00 among them, thereby obtaining property benefits equivalent to the same amount.
"2016 Highest 7176"
2. The Defendant against the victim G is a person operating the cargo transport chain (ju) E in Busan Jung-gu Building 521, and the victim G is a person operating the cargo transport chain (ju) H. The victim G is a person operating the cargo transport chain (ju), from January 2012 to (ju) H, and the above (ju) E was requested to transport the cargo from January 2012 to H, and the price was settled each month at the end of the following month.
On April 2014, the Defendant called the victim at the above (State) EE Office, and called the victim to “the transport volume exists, and the transport by the end of the following month.”