A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 26, 2009, the defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court on August 26, 2009, and the above judgment became final and conclusive on September 3, 2009.

The defendant is a person who carries on the maritime oil transport business under the trade name of E in Busan Dong-gu D building 203, and the victim F is a person who carries on the maritime oil transport business under the trade name of H in Busan Dong-gu G building 301.

1. On October 2008, when the Defendant received oil supply orders from a foreign ship on his/her own, he/she purchased oil with the funds of the victim and supplied oil to the victim, and the Defendant has engaged in maritime oil supply business by receiving the funds from a foreign ship or an intermediate introduction business operator and delivering the funds to the victim.

On October 17, 2008, the Defendant had the victim supply oil equivalent to USD 29,90 to a foreign ship called I on the same day, and used USD 25,500 ($ 33,379,500, applied exchange rate 1,309) to the Defendant’s foreign exchange bank account (K) for the purpose of the Defendant’s personal credit payment.

In addition, from the above date to December 19, 2008, the Defendant arbitrarily consumed USD 186,325 (248,757,450) in the same way as indicated in the attached list of crimes, on five occasions, while being kept for the victim.

As a result, the defendant embezzled the victim's property while he has been in custody.

2. On January 29, 2009, the defrauded made a false statement with the victim’s H office located in the Dong-gu Busan Metropolitan Government G Building 301 that “if the victim lends USD 12,200 to another company, the Defendant will return the oil to another company within five days with the previous account payable.”