A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From April 2008 to February 2, 2009, the Defendant was operating a Cheongju-si Dju-C in a considerable area of Cheongju-si, Cheongju-si, and was able to operate the Cheongju-si by lending the oil or cash from the victims who were aware of the lack of funds to operate the Cheongju-si.

However, in fact, the Defendant did not properly operate the gas station due to insufficient early management funds, the oil price breadth, etc., and the operating personnel continued to be accumulated, and even if the funds to purchase oil from the oil stations were not paid the floor, the rent of the oil station, the monthly salary for employees, etc., and even if the oil or cash is borrowed from the victims due to the deepening of the enemy when operating the oil station, the Defendant did not have any intent or ability to complete payment.

1. On November 24, 2008, the Defendant made a false statement to the victim E to the effect that “I would be able to pay oil at the later low price on the ground of prior settlement of the oil value,” and that it would be 18,303,725 won in total from the victim to February 17, 2009, and had the victim settle the oil value with a credit card, as the fuel oil expenses, the Defendant acquired property profits equivalent to the said amount as the oil of KRW 12,545,395 among them, because it did not have any oil equivalent to the amount of KRW 12,545,395 among them.

2. Around December 27, 2008, the Defendant acquired a property interest equivalent to the same amount by failing to pay the oil value equivalent to KRW 42,522,742 among them, on the ground that the Defendant was supplied with oil equivalent to the sum of KRW 53,294,00 from the victim to February 17, 2009, to the effect that “if he/she lends the oil to operate the D gas station, he/she would repay it.”

3. On December 31, 2008, the Defendant is in the codinary of the Chungcheongbuk-gu Office.