A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant was engaged in cargo transport business under the trade name “D” in Busan Dong-gu C and 601

person is a person.

On May 4, 2016, the Defendant told the victim E at the above company office that “the Defendant would receive transportation charges from the owner of the cargo to the end of the payment of transportation charges.”

However, in fact, the Defendant did not have the intent and ability to pay the transport charges that was promised on the date of the promise to the victim because the Defendant had to pay the transport charges equivalent to KRW 100,000,000 for the freight charges that were not paid to another transaction entity at the time, and the Defendant had to pay the unpaid transport charges to the other transaction entity even after receiving the transport charges

Nevertheless, the Defendant, as seen above, did not pay an amount equivalent to KRW 22,770,00 (including additional tax, KRW 25,047,00) for 49 times in total, from the time of deceiving the victim and allowing the victim to transport the cargo requested by the Defendant, and not paying KRW 670,00 from July 30, 2016 to the time of not paying KRW 670,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each detailed statement of operation;

1. Application of Acts and subordinate statutes to report on investigation (report on suspect interviews and confirmation of data submitted);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100 million) and consideration of the mitigation area (one month to one year) / (special mitigation person] where considerable damage has been restored [decision of sentence], the fact that there was no record of punishment exceeding a fine, the fact that there was no record of punishment exceeding a fine, and the circumstances leading to the crime, etc.