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(영문) 광주지방법원 2014.07.24 2013고단4513
사기등
Text

The defendant shall be punished by imprisonment with prison labor for a crime of fraud or a crime of violating the Punishment of Tax Evaders Act, which is 1 to 7 times the list of fraud crimes.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on April 5, 2012, and the said judgment became final and conclusive on April 13, 2012.

The Defendant is a person who actually runs the freight forwarding business under the trade name of "C" in Gwangju Mine-gu B.

The Defendant, upon receiving an order from the owner of the goods, has entered into a transportation contract with a transportation engineer near the upstream of the cargo and made him/her transport of the cargo orally, and has operated his/her business by claiming transportation expenses to the owner of the goods and remitting the money excluding 8% fees to the account of the transportation engineer.

On January 23, 2012, the Defendant contacted the victim D, who is a transport engineer, to pay transportation cost of KRW 462,00,00 in the above office, and transported 1,00,00,000, from the Trisung-si to the Suncheon-si New District.

However, the Defendant had no intention or ability to pay the transport cost even if the victim actually performed the contract of carriage because it was difficult for the Defendant to pay the transport cost for the last time due to the failure to receive the transport cost from the owner of the goods, and it was difficult to do so.

'C' closes down around August 2012, the Defendant, as seen above, had the victim deceptiond, and had the victim transport the other worker as above, but did not pay the transport cost.

The Defendant, including that, from around that time to June 21, 2012, did not pay transport expenses to the victims 27 times as shown in the list of fraud crimes by the above means, and acquired pecuniary gains of KRW 11,372,00 in total.

The defendant of "2013 Highest 4726" is the freight forwarder in Gwangju Mine-gu E.

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