A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a director of the transportation service chain B, who is a substantial operator of the above company.

The Defendant drafted a transport contract with the victim E in light of the light-si C and D around September 24, 2016, and issued the Defendant a performance guarantee insurance policy of KRW 200,000,000 to the victim by October 20, 2016.

“.....”

However, at the time of fact, the above company could not issue the surety insurance policy of KRW 200,00,000 to the victim because it did not have any particular asset or credit rating, and the transport charges that the company received from the owner of the cargo did not reach the cost necessary for transport of cargo, and thus, it was well known that the Defendant cannot pay the transport charges within the fixed period even if it was provided with the cargo transport service from the damaged party, because the transport charges that the company received from the owner of the cargo continued to be accumulated, and the payment of the divided transport charges was in arrears on August 2016 to G, the main customer

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) let the victim transport F from September 24, 2016 to October 9, 2016, to the Yan power plant located south from the Ganyang container terminal; and (c) did not pay transport charges of KRW 39,072,00 in total.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness E;

1. The legal statement of the witness H in part;

1. A protocol of examination of the accused's prosecutor's office (including a protocol of the case No. 1124 of the Seoul Western District Prosecutors' Office, 2017);

1. A protocol concerning the examination of some of the police officers against the accused;

1. In full view of all the following facts and circumstances recognized by each of the above evidence to determine the issues of a transport contract and a copy of the entire certificate, the act of defraudation by the accused and the existence of the criminal intent is respectively.