The Defendant borrowed and used the second floor office of a gas station in Nam-gu Incheon Metropolitan City, but is irrelevant to the operation of a gas station, but was committed as a representative of a gas station in order to acquire the transit price by fraud.

The defendant did not have an intention or ability to pay transit even if he received money as transit payment from the victim D (the age of 49).

Nevertheless, at around 11:30 on April 17, 2012, the Defendant, at the above office, made a false statement to the victim D, stating that “in return for the reduction of 40,000 liters from transit,” the Defendant received 6,5160,000 won in cash from the victim, i.e., the transit price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. In light of the fact that the amount of fraud of the reason for sentencing selective sentencing of the sentence exceeds 65 million won, the damage of the victim is not recovered, and the defendant escaped after the crime of this case, a sentence of sentence against the defendant is inevitable.

The punishment shall be determined in consideration of the sentencing conditions prescribed by Article 51 of the Criminal Act, which are shown in the record, such as the circumstances after the crime, the motive and circumstances leading to the crime of this case, the age of the defendant, character and conduct, family environment and health conditions, such as the confession of the crime and the fact that the defendant is making a repayment of damage.