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(영문) 서울북부지방법원 2017.07.20 2016노2533
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case without the intention of defrauding the facts, is erroneous in the misapprehension of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. Judgment on the grounds for appeal

A. In light of the following circumstances in light of the reasoning of the lower court’s judgment as to the assertion of mistake of facts, the Defendant could be found to have acquired pecuniary benefits by deceiving the victim company as if he did not have the intent or ability to pay the transport cost to the victim company F (hereinafter “the victim company”). As such, the Defendant had the intent to acquire pecuniary benefits by deceiving the victim company as if he did not have the intention or ability to pay the transport cost to the victim company.

In light of the above, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

Around March 2015, the Defendant entered into a contract with the victim company under which the Defendant shall, upon receiving a request for carriage of air freight from the owner of Brazil, transport the freight at the expense of the victim company, and the transport fare received from the owner of the cargo shall be paid to the victim company by settling accounts, excluding fees, etc. two months after the date of transportation (hereinafter “instant contract”).

The Defendant transported cargo at the victim company’s expense on a total of six occasions, and even if the Defendant received all the freight carriage charges from Brazil, the Defendant paid a fixed sum of KRW 125,150,442 from May 31, 2015, which was 45 days after July 10, 2015, which was 45 days after May 31, 2015.

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