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(영문) 대구지방법원 서부지원 2020.04.21 2019고정362
사기
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1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On January 8, 2020, the Defendant was sentenced to a suspended sentence of two years in the June of imprisonment with prison labor for violating the Act on Special Cases concerning the Settlement of Traffic Accidents. The judgment became final and conclusive on the 16th of the same month.

From March 2018, the Defendant: (a) from around March 2018, operated a corporation B (hereinafter “B”) with the purpose of producing paper World Cup as a partnership business; and (b) agreed that the Defendant will take charge of the business and delivery business of Defendant C, and the production and delivery business of Defendant C.

C On March 2018, 2018, the first police officer called the Defendant to have the type of paper-type machinery left the Defendant repaired, and the Defendant called “the Defendant would pay the Defendant the transport fee on the face of the transport of the type of paper-type machinery to the victim E, who is a shipping agent, at the B office located in Gyeong-gun, Seongbuk-gun, Seongbuk-gun, and around that time.”

However, the defendant and C did not have the intention or ability to pay the transport fee in advance even if they request the victim E to pay the transport fee because the financial situation has deteriorated due to the accumulated loss of B.

In collusion with C, the Defendant: (a) conspired with the victim E by deceiving the victim E; and (b) did not pay KRW 2.50,000 for the transportation fee to the victim E on March 7, 2018; and (c) did not pay KRW 2.60,000 for the transportation fee by the same method from the victim F on June 14, 2018; and (d) did not pay KRW 2.60,00 for the transportation fee to the victim G on July 26, 2018; and (e) did not pay KRW 1.35,50,000 for the transportation fee on August 3, 2018.

Accordingly, the defendant did not receive transportation services from the victims and did not pay 1860,000 won in total, thereby obtaining property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

2. Each police interrogation protocol regarding C;

3. Each police statement to G, F, and E;

4. Records of judgment: Criminal records, etc.; and

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