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(영문) 인천지방법원 2018.08.16 2018고단3329
사기등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be liable to the applicant B for the compensation amounting to KRW 6,952,00,000.

Reasons

Punishment of the crime

[criminal history] On March 22, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for an injury and one year of suspended execution at the Incheon District Court, and the judgment became final and conclusive on March 30, 2018.

[Presumption] The Defendant is the representative of F Co., Ltd. established on October 19, 2016 for the purpose of trucking transport business (hereinafter “F”).

G, H, etc. Large Trucking Transport Business Operators entrusted trucking transport services to trucking transport operators, such as the I Co., Ltd. (hereinafter referred to as “I”), and the I re-entrusted transport to F.

F through Internet display such as “J” and “K”, F operated a business to arrange for the transportation of the said cargo to each individual transportation business entity, and to make profits from the payment of part of the transportation cost received from the said I to the individual transportation business entity.

In order to increase the place of sales, the Defendant set up an excessively lower amount of the transport cost that the Defendant received from I, which was paid by the said I, to the individual shipping business operators, and accordingly, led to business difficulties, such as the increase of the company's obligations.

On September 21, 2017, the Defendant transferred the F’s permit for trucking transport business to L Co., Ltd., with the amount of KRW 45 million in order to secure company operating expenses. However, if the additional sales are not carried out, the Defendant still could not pay the existing transport cost of individual carriers.

[Criminal facts] 2018 Highest 3329

1. On December 20, 2017, the Defendant would pay KRW 330,00,000 to the victim M using the aforementioned J-based fashion to transport G freight from Seoul to the Chungcheong petition area.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, F was to receive only KRW 174,627 as the transportation charge for the above cargo from I, and the remaining transportation charge was to be paid separately from F.

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