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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2016, the Defendant sent a phone call to the victim B, stating, “The Defendant would receive a transport charge on the face of the freight and pay the transport charge by the end of the following month.”
However, at the time of fact, the Defendant had not reached a total of KRW 200 million, and the Defendant had been in arrears with the transportation fee for other cargo articles, and the amount of the U.S. study funds in the U.S. is required more than KRW 2 million each month, on the other hand, even if the Defendant had no special property and received the transportation fee from the Administration, such as C company, etc., even if there was no intention or ability to pay the transportation fee
Nevertheless, the Defendant: (a) by deceiving the victim and allowing the victim to transport the cargo around September 2016; and (b) by not paying KRW 709,000 of the transport amount, the Defendant acquired pecuniary benefits equivalent to the relevant amount in the manner of not paying KRW 30,664,00 in total by the same method until June 2017, such as the list of crimes in the attached list of crimes; and (c) obtained pecuniary benefits equivalent to the relevant amount by not paying KRW 30,664,00 in total from around 10 times until
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A complaint, each business registration certificate, each (main)D transaction statement, and a copy of the passbook;
1. Investigation Report (Submission of Data on Bankruptcy and Application for Exemption) - Bankruptcy and Application for Exemption (Submission of Materials on Suspected Materials), Investigation Report-Report (Submission of Materials on Suspected Materials) - Certified Copy of Register of Account Transactions in the E-E Bank, Investigation Report (Verification of Transport Fee Details received from the C company), Investigation Report-Personal Entry and Departure Status (F)-Personal Report (Entry and Departure Status), Investigation Report-Report (Attachment of Account Name of Suspected Person)-Report on Account Transactions (Attachment of Electronic Tax Invoice, etc.) - Application of Acts
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;