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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, without obtaining a license for trucking transport business and trucking transport brokerage business, operated D Co., Ltd. located in C from June 28, 2012, was sentenced to imprisonment with prison labor on December 24, 2008 at the Cheongju District Court for fraud, etc. on November 30, 2009 and was released on February 6, 2010 during the execution of the sentence. On April 10, 2014, the said judgment became final and conclusive on June 26, 2014 by having been sentenced to four years of imprisonment with prison labor for a violation of the Aggravated Punishment Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
1. Around June 13, 2012, the Defendant: (a) received telephone calls from the victim E (the age of 52) and said that “The Defendant would pay KRW 330,000,000,00 to the Plaintiff for transportation of compressed cargo from Gyeongcheon-gu, Chungcheongnam-do to the Asia-do factory of the Chungcheongbuk-gun Office.”
However, the Defendant was declared bankrupt on January 12, 201, before operating D Co., Ltd. at the time, and was paid the transportation fee to the subcontractor at a price higher than the transportation fee to be paid by the subcontractor from the original contractor. As such, the Defendant could not get any fee or interest from the beginning, and there was no intention or ability of the victim to pay the transportation fee normally to the victim.
Nevertheless, the Defendant: (a) by deceiving the victim and allowing the victim to transport cargo on the same day; and (b) did not pay KRW 330,000 to the victim the transport fare; and (c) even before September 10, 2012 and around September 20, 2012, the Defendant had the victim transport cargo by the said method; and (d) did not pay KRW 660,000,605,00 for the transport fare.
Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to 1,595,000 won in total.
2. On January 25, 2013, the criminal defendant against the victim F was the victim F at the H company office located G in Incheon-si around January 25, 2013, and the victim F (n, 36 years of age).