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(영문) 춘천지방법원 속초지원 2018.01.10 2017고단131
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from July 2014 to December 28, 2016, is a person who operated G, a company that brokers freight carriage through a mobile phone display case called “E” or “F, in receipt of a request for freight carriage from the owner of the goods from Gangwon-si, Gangwon-si to December 28, 2016.

On November 8, 2016, the Defendant made a false statement to the effect that “The Defendant would pay transport expenses to the Victim H, a truck owner, who was a trucking vehicle, who reported and contacted with “E” display of “E” inserted within the said Company, to the end of November, 2016.”

However, the Defendant, while establishing the above company and starting cargo transport brokerage business, borrowed approximately KRW 180,00,000 from the land owners, and in addition, he/she has to pay interest of KRW 35,151,000 per month on the loan of KRW 35,000 per month due to the obligation to pay KRW 35,151,000 per month on the loan of automobile to capital. Since approximately KRW 3,00,000 per month was spent for daily expenses, he/she first received the transportation fee from the cargo owners and thought to use it as interest, living expenses, etc., and since the Defendant did not have any business operation funds or property from the above shipping charges, it was very unclear whether it is possible to pay the transportation fee within 30,000,000 per month on the loan of KRW 3,00 per month.

Nevertheless, the Defendant provided the victim with transportation of cargo from Pyeongtaek-si in the same day to Chungcheongnam-Namsan, with transportation cost of KRW 297,00,000, and acquired pecuniary benefits equivalent to the same amount of the transportation cost from May 10, 2016 to November 28, 2016, and received a total of KRW 264,926,00,000 from the victims on a total of 1,279 occasions as indicated in the list of crimes in the attached Table.

Accordingly, the defendant deceiving victims.

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