A defendant shall be punished by imprisonment for one year.

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

On October 21, 2015, the defendant of criminal records was sentenced to two years of suspension of the execution of imprisonment for fraud at the Seoul Eastern District Court on August 21, 2015 and the judgment became final and conclusive on October 29, 2015.

Criminal facts

Around January 2014, the Defendant: (a) in D operated by the Defendant located in Chungcheongnam-gun, Chungcheongnam-gun; (b) falsely stated that “The Victim B operates the imported petroleum storage facility at Pyeongtaek-gun and operates the gas station; (c) there is a lack of funds to pay the gas station deposit due to the shortage of funds; (d) KRW 100 million would pay the gas station deposit with the money on its face; (e) KRW 5 million, a approximately 5 million amount of the proceeds generated from the operation of the gas station, will be paid every month until the principal is repaid.”

However, as the Defendant had already paid KRW 100 million to the lessor, it was planned to use the money of the victim for the purchase cost of oil, not for the deposit, and even though he had been operating the gas station, he did not pay monthly rent to the enemy, and even if he did not receive money from the victim due to the obligation of KRW 250 million, he did not have the intent or ability to pay the profit and the principal normally.

The Defendant received a total of KRW 100 million from January 2014 to February 2014 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Content certification, a copy of a notarial deed, a copy of a promissory note, a memorandum of performance, a business registration certificate, a lease contract, or a full certificate

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (ex post facto concurrence, etc.);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The application for compensation was concluded after the closing of argument under Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.