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(영문) 부산지방법원 2017.06.14 2017고단1405
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is the representative of B, a corporation with the objective of mediating multiple cargo located in Gyeongsung-gun, Gyeongsung-gun.

On October 5, 2015, the Defendant would make a settlement in cash to the victim D on October 5, 2015, immediately after entering or late after the arrival of transportation cost from the E branch in which the cargo is transported from ancient to Incheon to the port of Incheon, or at the latest after the end of transportation.

The phrase “ makes a false statement.”

However, in fact, the Defendant was paid the full amount of transportation expenses from the E branch on November 2, 2015, 6, 1340,000 won, November 30, 2015, 4,87 million won, 8,74 million won on January 13, 2016, 13, 2016, 2,4370,000 won on February 1, 2016, and 1,8350,000 won on February 29, 2016, and even if personal obligations enter from E branch with an amount equivalent to 100,00 won, the Defendant did not intend to pay transportation expenses to the victim as personal obligations, living expenses, etc., and did not intend to pay transportation expenses to the victim.

As above, the Defendant, as indicated in the list of crimes in attached Form 42 from October 5, 2015 to February 15, 2016, by deceiving the victim as above, had the victim transport cargo from Incheon to Incheon, and not pay 5,300,000 won for transportation expenses, etc., the Defendant took property benefits equivalent to the same amount by not paying a total of 32,350,000 won from 42 victims over 67 occasions.

(b) Any person who intends to operate a truck transportation brokerage business in violation of the Trucking Transport Business Act shall obtain permission from the Minister of Construction and Transportation in accordance with Ordinance of the Ministry of Construction and Transportation.

On July 2, 2015, the Defendant: (a) transferred the permit for trucking transport business to G that operates F; (b) reported the transfer to the head of the Jung-gu Daejeon District Office on July 7, 2015; and (c) received a request for trucking transport with compensation from H from H from August 17, 2015 to February 15, 2016; and (c) operated the trucking transport brokerage business, such as mediating it to D and other 42 persons.

2. The defendant.

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