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(영문) 울산지방법원 2015.11.26 2014고단1481
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 20, 2009, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Changwon District Court on August 20, 2009, and on August 27, 2010, the Defendant completed the execution of the sentence.

The defendant, from November 201, has practically operated the "C", which is the aggregate transport and aggregate supplier company in Yangsan-si B.

On September 2012, the Defendant entered into a contract for aggregate transport with the victim E and the trading company designated by the Kump truck Co., Ltd. in the office of the Kump Co., Ltd. to collect monthly transportation fees from the trading company on the face of transport of aggregate and to pay the balance of the monthly transportation fees of 300,000 won and the remaining amount of the oil payment to the victim.

The Defendant was a person with bad credit standing at the time of January 2013, and the business environment has deteriorated, such as reducing distance to make profits compared to all the expenses, such as employee benefits, etc. of the said company, and the operation of the said company is no longer possible due to the operation from the first patrolman on November 2012, 2012, and even if the said victim transported aggregate, the Defendant did not have the intent or ability to collect transportation fees and pay them to the victims.

Nevertheless, the defendant, around February 1, 2013, had the victim E transport aggregate in the above office of the Dispute Resolution Co., Ltd. and deceiving the victim E as if he could pay the transport cost, and it had the above victim from February 1, 2013 to the same year.

3. From January 1, 2013 to April 22, 2013, it includes the fact that it did not pay KRW 6,782,583 for transporting aggregate to the designated trading company and did not acquire pecuniary profits equivalent to the above amount of transportation, and deceiving four victims by the above method, such as in the separate list of crimes, from January 1, 2013 to April 22, 2013. The remaining amount is to have four victims transport aggregate amounting to KRW 40,347,966, and it did not pay the above amount of transportation.

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