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(영문) 대전지방법원 천안지원 2017.02.02 2016고단1269
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 2014, the Defendant concluded that “Around August 2016, the 2016 Highest 1269, the Defendant would pay the victim E a transportation charge on the off-site transportation ordered by (ju) P&C in the fourth floor of the Gyeonggi-si building, and on the part of the victim E a transportation charge for the off-site transportation ordered by (ju) T&C.”

However, the fact was that the defendant had seized the passbook in the above name of "(State)" at the time. The four installments of freight truck owned by "D were in arrears," the apartment loan in which the defendant was living was aggravated due to the overdue from early 2014, and even if he was paid the transportation fee from "PPPPPPPPPPP, he thought that it would be used for the defendant's other obligations, etc., and there was no intention or ability to pay the transportation fee normally to the victim.

Nevertheless, the Defendant, as if he would be able to pay a normal transport fee, deceiving the victim, entered into a cargo transport contract with the victim. From August 28, 2014 to September 30, 2014, the Defendant received the freight transport service equivalent to the sum of KRW 6,012,60,000, the sum of KRW 5,000,000, and KRW 11,012,60,000, from around September 28, 2014.

The defendant of "2016 Highest 1825" is the representative director of D corporation for the purpose of transportation business.

On May 16, 2015, the Defendant posted a letter requesting transportation of cargo by using the F “F” word, and submitted a false statement to the victim G and H, a forwarding agent that reported and contacted the Defendant, “The Jung-gu Incheon Port 7, Jung-gu, Incheon, would pay KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000

However, in fact, when operating the above corporation D, the defendant had difficulty in financial situation, and the account in the name of the above corporation was seized due to a separate debt, and 80 million won in installments for the four cargo vehicles owned by the above corporation.

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