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(영문) 서울서부지방법원 2018.02.02 2017고정759
사기
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a company with the trade name of "C" in Seoul Mapo-gu Seoul Metropolitan Government DD Building 708 as a main business of transporting foreign general cargo.

In fact, the Defendant did not have any intention or ability to deliver the contract even if the Defendant entered into the contract of carriage with respect to 12 stuffs that contain life goods, books, etc. (the market price is equivalent to 40 million won) from the complainants without registering the international logistics brokerage business.

Nevertheless, on July 20, 2016, the Defendant received 8,200,000 won of the transport cost to the bank account (F) in order to receive a request for carriage of delivery items (12 gamblings) from the Dong-gu Incheon Metropolitan City Etel 1003, Seoyang-gu, Ilyang-si.

Summary of Evidence

1. Legal statement of witness G;

1. A reply to inquiries about the fact of salking, and chid marine transportation corporations;

1. Data on the Stockholm screen;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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