A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the actual operator of the credit rating company B and the credit rating company C, and the victim D is the person who operates the Friju station in Busan-gun E.

From July 1, 2017, the defendant entered into a oil supply contract with the victim in the name of the Dispute Resolution Co., Ltd. and received oil supply, the victim's failure to pay the oil supply due to the delay in the price, and the letter of payment guarantee made by the Dispute Resolution Co., Ltd. on June 5, 2018 and re-paid the oil supply, but did not pay the price thereafter.

On August 2, 2018, the Defendant prepared a letter of claim transfer and takeover with the purport that “A claim amounting to KRW 100,000,000,000 shall be transferred to the victim of the loss that the victim was unable to pay the oil price again and the victim would suspend the oil supply again, even though the Defendant decided to guarantee the payment of oil price in the Friju E located in Busan-gun, Busan-gun, the Defendant demanded that the Plaintiff continue the oil supply.”

However, in fact, on August 1, 2018 and August 2, 2018, the day before the preparation of the above letter of credit transfer and takeover, the defendant was paid a total of KRW 100,637,90 on August 2, 2018, and the defendant did not have a claim to transfer to the victim. At the time, the Dispute Resolution Co., Ltd had no intention or ability to pay oil normally even if he was supplied with oil from the victim due to business aggravation, such as seizure of company assets by other creditors.

Nevertheless, the Defendant, by deceiving the victim as above, was supplied with oil equivalent to KRW 14,431,00 in total at the market price from August 2, 2018 to August 15, 2018 and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of oil supply contract, oil price guarantee certificate, claim transfer and takeover, notification of assignment of claims, answers, details of payments and detailed statement of transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;