(영문) 대전지방법원 2020.01.31 2019고단1435

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(영문) 대전지방법원 2020.01.31 2019고단1435

사기등

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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2015 Highest 1435] The Defendant is a person who, from February 2, 2015, operates “D” (former “Co. E”) with a cargo transport business from around February 2, 2015 to Daejeon Dong-gu B, Daejeon.

1. Fraud;

A. On February 8, 2018, the Defendant committed a crime against the Victim F, the victim F, “A” office at the above “Co. D” office, stating that “I would ensure the stable transportation of cargo upon the registration of the vehicle transited by our company. The transportation charge of the cargo will be paid on the 5th day of each month after the second month.”

However, in fact, the Defendant was liable to pay the amount equivalent to KRW 160 million to the Defendant, and it was used to pay the principal and interest of the existing obligation by the prompt return method even if the transport fee is paid from the owner of the goods in the circumstance that the interest equivalent to KRW 2 million should be paid each month. Therefore, there was no intention or ability to pay the transport fee as promised by the victim.

As such, the Defendant, by deceiving the victim, had the victim from the above date to July 26, 2018, transported the transport fare to the sum of KRW 59,759,371 as shown in the attached Table of Crimes (1), and did not pay the amount.

Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.

B. Around June 2018, the Defendant committed the crime against the victim G at the above “D” office, “A company will guarantee the victim G the benefit of transportation charges of approximately KRW 13 million, if registered as a branch office of our company.” On the part of the transport of the cargo, the transport charge would be paid on the fifth day of each month after the second month.”

However, even if the defendant receives the transportation charge from the owner of the goods, the defendant is entitled to 1. A.

Since it was used to pay the principal and interest of the existing obligation by the method of prompt return as described in the paragraph, the intention or ability to pay the transport fee as promised to the victim.

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