(영문) 서울서부지방법원 2016.05.18 2015고단3293

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(영문) 서울서부지방법원 2016.05.18 2015고단3293

사기

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Defendants shall be punished by imprisonment for one year.

However, the above sentence against Defendant B for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The facts of the premise are the husband and wife, who is engaged in the business of purchasing, delivering, and collecting the fees therefor. D Co., Ltd., a company conducting international air freight transport services. The Defendants requested the above victim company to conduct international cargo transport services on or around February 1, 2014, but the unpaid transport charges amounting to KRW 320,280,000 due to the difficulty in the operation of E.

Criminal facts

On February 2, 2014, the Defendants demanded the payment of unpaid transportation charges from G, the representative director of the victim company, at the above E office located in Jung-gu Seoul, Jung-gu, Seoul. On February 2, 2014, the Defendants made a false statement to the above G, stating, “The Defendants would pay transportation charges if they send the goods to the owner of the goods with the passage of North Korea, etc., because it is possible to receive KRW 500 million from H in North Korea.”

However, the Defendants did not have been 400 million won or more of the debt, such as the price of goods, which was not paid to other companies around that time, and did not have been paid KRW 500 million from the person who was H. In fact, the Defendants had the victim company transported the goods and did not have the intent or ability to pay the transportation fee to the victim company.

From February 8, 2014 to July 31, 2014, the Defendants failed to pay the victim company a total of KRW 259,110,000 to the victim company, even though the employees of the victim company transported the goods on a total of 1616 occasions at the request of the Defendants from February 8, 2014 to July 31, 2014.

Summary of Evidence

1. Legal statement of witness G;

1. Some of the statements made by the prosecution against the Defendants in the protocol of interrogation of the suspect (including the G substitute part)

1. Statement made by the police in relation to G;

1. The investigation report (to submit data on the amount of international transport charges).

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