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(영문) 부산지방법원 2015.05.20 2014고단10398
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around March 2004 to March 2014, the Defendant has been engaged in freight forwarding services with the purport of concluding a freight forwarding contract with the representative of C Co., Ltd., and with individuals and companies who are cargo borrowers, with the intention of concluding a freight forwarding contract with a freight consignor, and paying the remainder, excluding 8-9% of the shipping charges received from a freight consignor, as a freight consignor, to a freight consignor.

The Defendant, according to the practice of the trucking industry, used the fact that ordinary cargo owners pay transportation charges 45 days after the date of transportation to ordinary cargo owners for the payment of transportation charges under the pretext of collecting transportation charges from the consignees in accordance with the above transportation contract.

On December 2, 2013, the Defendant promised to pay the FF freight after 45 days of transportation fees to the victim E by expressing that the FF freight will be transported to the victim E at the C Office located in Busan Nam-gu, Busan.

However, in fact, the Defendant suspended the obligation due to the nonperformance of his business and continued to operate the company on 193, and around this time, the previous obligation was 200 million won, and the delinquent tax was 30 million won, and the employee’s monthly wage was not paid, while the monthly interest is not fully paid, the Defendant’s payment of the transport fee was first used for the repayment of the obligation, etc., and when the transport fee was paid, it was in a situation where the obligation was actually conducted by preventing the business from returning the name of the loans, loans, and card loans, and thus, there was no intention or ability to pay the transport fee in full even if it was entrusted to the victims.

As above, the Defendant, by deceiving the victim and allowing the victim to transport the FF cargo, obtained profits equivalent to KRW 275,00 from transportation charges, and from around that time to February 28, 2014.

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