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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, around December 31, 2013, at the office of D Co., Ltd. located in Jung-gu, Busan, Busan, and 201, the fact was difficult to operate because the said company was unable to properly collect money from its customer, and the Defendant’s personal debt was more than KRW 100 million, and despite the Defendant’s intent or ability to pay transportation expenses, even if the Defendant was to transport the freight, the Defendant would have had the victim company pay transportation expenses when he was transported the freight. The Defendant had the victim company transported the freight over a total of 58 times from that time to August 23, 2014, and did not pay a total of KRW 45,232,00 for transportation expenses.
Accordingly, the defendant, by deceiving the victim company, acquired the same amount of property benefits.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of details of transactions, electronic tax invoices, and copies of judgment;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100,000) and no basic area (6-10,000) (6-1,00) (6-1,00 won) / [6-1,00 won)] / The criminal intent of defraudation is relatively weak; circumstances to take into account the circumstances leading to the crime; and the fact that there