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(영문) 대전지방법원 천안지원 2016.06.30 2016고단291
사기
Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

[Criminal record] On November 4, 201, the Defendant was sentenced to one year of imprisonment with prison labor for night intrusion larceny at the Daejeon District Court, and completed the execution of the sentence in Daejeon Prison on September 17, 2012.

[Criminal facts] 2016 Highest 291

1. On April 19, 2015, the Defendant entered into an entrustment contract with Hyundai Mos and Cargo Transport with the victim C, a stock company operating the Defendant located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

In Hyundai Mavis transported automobile parts from Asan to Busan, and entered into a transportation contract for the automobile parts for the five-day day per week in the above section, the automobile parts were to be paid KRW 6,80,000 per month in return. In return for entering into the above contract, it was false that the freight carriage down payment is changed to KRW 5 million in return for entering into the contract.

However, there was no fact that the Defendant entered into an entrustment contract for the carriage of cargo with modern mothers, and in modern mothers, there was no intention or ability to arrange for the transportation of cargo, even if the Defendant received money from the injured party due to the absence of the person transporting the automobile parts from Arabic to Busan.

The Defendant received from the injured party the total sum of KRW 500,000,000 on April 19, 2015, and KRW 4.5 million on April 26, 2015, from the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant, the Defendant acquired the money from the injured party as the down payment for cargo transport.

2. Around May 7, 2015, the Defendant entered into an entrustment contract for the carriage of goods with the modern mothers and freight with the victim G in the above Co., Ltd. E.

Construs transport automobile parts from Pyeongtaek-si to Yangsan. At the time of transport of automobile parts for the 5-day day in the said section, the transport contract was entered into for the said 6,80,000 won per month in return. In return for concluding the transport contract, the transport contract was entered into, including the down payment for the freight, 2 million won in return for concluding the transport contract, 200,000 won, which is necessary for delivering the automobile parts as above.

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