The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Punishment of the crime

[Criminal record] On February 2, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the branch court of the Jeonju District Court for the first time, and the said judgment became final and conclusive on February 12, 2016.

[Criminal facts] The Defendant from February 16, 2015 to the same year

9. By July 1, 200, as the joint representative director D of a limited company D in the former North Chang-gun C, he has been in charge of overall management of the business of the company and engaged in the management of the company fund.

The defendant did not have received delegation or permission from the other joint representatives of the above company E (the representative director F) in the name of D with respect to receiving oil from the damaged company E (the defendant company). The defendant supplied via the victimized company the transit and used it for the repayment of the company's obligations and personal use. The defendant had already been liable for the oil payment amounting to KRW 400 million against the victimized company. In addition, the limited company D had no intention or ability to pay it even if it borrowed money from the victimized company because it did not raise particular profits.

Nevertheless, around August 17, 2015, the defendant is not running the business to F, the representative director of the damaged company, "F, who is the representative director of the damaged company, because there is no oil in running the business.

Inasmuch as oil can be supplied smoothly, a false statement was made to the effect that “I will pay off off the credit,” and that it was supplied via 20,000 liters (an amount equivalent to KRW 24,880,000 at the selling price) from the victimized company, and from around that time to October 5, 2015, the sum of 180,000 literss (the sale price is equivalent to KRW 224,860,000 at the market price) via the same method nine times in total, as shown in the list of crimes in the attached list of crimes.

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

Summary of Evidence

1. Legal statement of witness F;

1. A petroleum product trading contract, and a detailed statement of transactions by date and by vehicle;