On March 5, 2015, the Defendant: “D gas station” located in Chungcheongnam-gun Co., Ltd. in Chungcheongnam-gun; “In the Republic of Korea, the Defendant operates four gas stations in the Republic of Korea; “In the Republic of Korea, the Defendant may impose a lot of money on the Victim E by mixing the first and third-class oil.” As such, the Defendant jointly invested and operated the gas station after taking over the gas station. If the amount of KRW 70,000,000 is first charged to B so that he/she can enter into a contract immediately at the time, he/she would be paid KRW 3,00,000 per month. D gas station is located in B and G as a partnership business, and once it is sent money to the account.”

However, even if the defendant did not operate a gas station or operate a gas station with G and D and received money from the victim, he did not have the intention or ability to use it as the cost of acquiring the gas station, and he borrowed money from the victim to G and borrowed it from the victim and received the interest.

The Defendant, as such, by deceiving the victim, received a total of KRW 70 million from the account under the H, which is the account of the owner of the DP station business on the same day.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. An interrogation protocol of the accused by the prosecution (including the G and E);

1. Copies of each protocol of examination of the suspect against the defendant and G;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a detailed statement of account transactions and a certificate of deposit transaction;

1. A sentence shall be imposed in consideration of the pertinent legal provisions on facts constituting a crime, Article 347(1) of the Criminal Act, the grounds for sentencing choosing a sentence of imprisonment [the scope of recommending sentence] basic area (6 to one year and six months) [the decision of sentencing] [the extent of damage caused by the Defendant’s deception], the degree of damage is relatively large, the victim’s damage is not recovered, the defendant’s damage is not recovered, and the defendant’s failure to seriously reflect the victim’s damage while denying the crime. However, the defendant’s money as the funds for the operation of the gas station shall be provided to G