"2015 Highest 1094"

1. On September 28, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment for the crime of occupational embezzlement at the Gwangju District Court.

The defendant, as a sea-durler, is a person who arranges oil transactions between a gas station business operator and an oil wholesaler.

Around January 2, 2013, the Defendant: (a) paid KRW 50 million to the victim, who was not provided with oil in an amount equivalent to KRW 24 million from the Sodrid date to return money to the victim; (b) paid KRW 10 million to the first policeman on February 2, 2013; (c) KRW 10 million on March 10, 2013; (d) KRW 24 million on May 5, 2013; and (e) paid KRW 24 million on the part of the victim, who was kept in custody for the victim; and (e) paid KRW 1 million on the part of the defendant, who was provided with oil transaction between the victim and Sodrid date, to the victim; and (e) paid KRW 4 million on the part of the defendant, who was kept in custody for the victim; and (e) paid KRW 2.4 million on the part of the defendant’s business partner, who was the victim.

2. On February 7, 2013, the defrauded made a false statement to the above victim in Gwangju Mine-gu G, stating that “I will pay money when I will pay the part payments if I lend 30 million won because I had no cash.”

However, on the other hand, while the Defendant did not have any property, the Defendant supplied oil on credit due to financial difficulties while with with with with with with her work of withing the oil back to cover the liability of 200 million won, and sought to take over the gas station from another person without any capital, and thus, he/she borrowed money from the victim.