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

The defendant is an applicant for compensation, who is an applicant for compensation, KRW 12,332,80,00.

Punishment of the crime

The Defendant is a person who was the representative director of the Jung-gu Busan Metropolitan Government H building and the transportation business entity under subparagraph I from January 1, 2007 to March 19, 2018.

On January 2018, the Defendant made a false statement to the victim B to the effect that “The transportation charge for the cargo shall be closed every month and shall be paid 45 days after the end of each month.”

However, in fact, the Defendant, around June 2014, failed to collect the amount equivalent to KRW 114 million from the owner of the goods, and the financial situation began to worsen, and since that time, the Defendant began to operate the company with the borrowed money from the financial institution after the enemy occurred each year. However, in around June 12, 2017, the collateral limit of the apartment owned by the Defendant with the financial institution as collateral cannot be increased any more, and the financial situation has deteriorated so that it is impossible to borrow the money from the financial institution. Therefore, even if the Defendant requested the victim to transport the goods, the Defendant did not have any intention or ability to pay the freight properly.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim transport from January 2018 to March 2018 with a total of KRW 12,332,800; (c) did not pay transport charges equivalent to the same amount; and (d) had six victims transport the transport charges from January 2018 to March 2018 with a total of KRW 85,540,000 from March 2018; and (c) had the victim acquire property gains by failing to pay transport charges equivalent to the same amount.

Summary of Evidence

1. Statement to E by the police;

1. A complaint, a detailed statement of operation and a detailed statement of accounts receivable to each creditor;

1. Application of Acts and subordinate statutes to the investigation report (specific amount of damage);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Orders for compensation and orders for compensation;