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(영문) 광주지방법원 2021.03.19 2020고단4481
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

“200 Highest 4481”

1. From May 1, 2015 to February 28, 2020, the Defendant committed the following crimes even though: (a) the Defendant, who operated a transportation company in the name of "B and 3rd floor of Gwangju Mine-gu," was in arrears with tax due to operational difficulties from July 2018; and (b) the Defendant, around March 2019, was diagnosed on the ledger and was unable to pay the transport cost to the victims who requested transportation because the amount of fixed expenditure decreases; (c) the Defendant committed the following crimes.

A. On October 3, 2019, the Defendant posted a letter stating that “The Defendant would pay KRW 2,90,000,000 on the face of the Jeju-do-si G Logistics Center No. 47 and No. 48 of the Republic of Korea-si, Seoul-do-si, in which he/she occupy the Republic of Korea-si, to the J of the Republic of Korea-si, and that “The Defendant would pay KRW 2,00,000,000,000,000,000,000,000,000,000,000).”

However, the defendant did not have the intention or ability to pay the freight to the victim.

As such, the Defendant, by deceiving the victim and allowing the victim to transport the above cargo on October 3, 2019, did not pay KRW 290,000,000 to the victim, and did not pay the transport fee of KRW 10,000,000 for a total of ten times from October 3, 2019 to December 13, 2019, thereby acquiring the same amount of pecuniary benefits.

B. On December 16, 2019, the Defendant posted a notice stating that “The Defendant would pay KRW 240,000 (a value-added tax of KRW 24,00,000 separate) on the face of the State transport of the reart to L Company L Company Distribution Warehouse and the Ha-dong, Gwangju Mine-gu, Seoul, using the “E” sign at a place where it is unknown on December 16, 2019.”

However, the defendant did not have the intention or ability to pay the freight charges.

On December 16, 2019, the Defendant: (a) had the victim transported the above cargo on December 16, 2019; and (b) did not pay the transport fee of KRW 264,000.

(c)

The accused against the victim M is guilty.

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