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(영문) 부산지방법원 2016.06.17 2015고단7521
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated “F Co., Ltd.” in Nam-gu, Busan from April 2007 to August 2015.

1. On May 1, 2015, the Defendant committed the crime against the Victim G with the victim G who was in the ordinary transactional relationship at the above office around May 1, 2015 would make payment within 60 days for the transport of container import and export.

“The Defendant requested container transport.” However, the Defendant was liable for the amount of KRW 7.3 million by combining the bonds and financial rights due to the serious business aggravation at the time, and the amount of interest to be borne monthly was 4.5 million won, which was accumulated by the enemy, and it was difficult to pay interest for each month. Since the sales continuously fall short of the sales, there was a need to pay the transport payment or pay the transport payment to the owner of the goods. Therefore, even if the Defendant received container transport service from the injured party, there was no intention or ability to pay the transport payment even if he received container transport service.

Nevertheless, the Defendant deceiving the victim as above and had the victim conduct the export and import of container over a total of 75 times from May 1, 2015 to July 31, 2015, thereby obtaining pecuniary benefits equivalent to KRW 36,245,000, by allowing the transport of container at the Defendant’s request.

2. The Defendant, on May 19, 2015, committed a crime with the victim H, who had been engaged in ordinary trade relations at the above office around May 19, 2015, intends to pay the transport cost within 60 days on the face of the transport of container.

“The Defendant requested container transport to the effect that it was “,” but in fact, the Defendant did not have the intent or ability to settle the transport cost due to the circumstances such as Paragraph 1.

Nevertheless, the defendant deceivings the victim as above, and thereby making the victim carry out container export and import transportation three times in total from May 19, 2015 to July 7, 2015.

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