A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 19, 2014, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Seosan Branch of the Daejeon District Court, and on June 27, 2014, the above judgment became final and conclusive on June 2014, and on October 20, 2016, the Daejeon District Court was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the above judgment became final and conclusive on April 7, 2017.

Criminal facts

On December 2, 2008, the Defendant entered into a contract to purchase the above gas station on the condition that he takes over the loan debt amounting to 2.6 billion won related to the above gas station and taxes in arrears amounting to 47 million won, without a separate purchase price from E (the Defendant, the owner of the D gas station in Macheon-si) (the prosecution of non-detention on February 13, 2017), which is the owner of the aforementioned gas station in Macheon-si, and the Defendant failed to take over the obligation and to change the name of the gas station operator in accordance with the terms of the contract as he did not pay taxes in arrears due to the financial shortage, while taking measures to raise funds together with the above E, the Defendant and the above E were recruited through F and G from May 2009 to borrow KRW 5 million from the victim under the pretext of taxes in arrears from the damaged person.

On May 27, 2009, the Defendant presented a certified copy of the register of D gas station buildings and lots to the victim with the above E, F, G at the above D gas station office, and “Korea is the people operating the gas station in the name of E, D gas station is unable to pay taxes in the event that the price of the gas station is high and the seizure is determined to obtain a loan of KRW 300,000 won from the foreign exchange bank immediately if it is lent KRW 55,00,000,000,000,000 won, including the case expenses, within a week,” and the above E E E E’s loan certificate was prepared and issued to the victim.

However, the facts are the amount of the existing loan even if the defendant and the above E cancel the seizure.