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

except that 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

The Defendant, who operated a D gas station in Ansan-si, obtained a total of KRW 57.3 million from the victim E, who is an employee of the above gas station, on four occasions as follows.

1. On March 18, 2013, the Defendant stated that “Around May 30, 2013, the Defendant would bring an investment in KRW 1.3 billion from China to the victim at the gas station.” On May 30, 2013, the Defendant said that “Around May 30, 2013, the Defendant would make payment of the interest and principal of KRW 38 million per month until May 31, 2013, on behalf of the Plaintiff.”

However, the Defendant did not have to obtain an investment equivalent to KRW 1.3 billion from China. However, the Defendant was only liable for the total amount of KRW 150 million of personal loan and delinquent tax, and there was no intention or ability to repay as agreed to the victim due to the absence of special property.

As such, the Defendant, by deceiving the victim, received KRW 38 million from the victim to the Agricultural Cooperative (G) account in the name of the representative in the name of the Dju station on the same day.

2. On April 2, 2013, the Defendant stated that “The Defendant would immediately repay the amount of KRW 5.1 million on the face of the week to the Plaintiff at the instant gas station. The Defendant said that “I will pay the amount of KRW 5.1 million on the face of the week’s night business.”

However, the defendant did not have any property particularly owned by the defendant, and the income was insufficient to cover the operating expenses of the gas station, and there was no specific plan or method to prepare the surplus by the next day, so there was no intention or ability to repay immediately following the day as agreed by the victim.

The Defendant, as such, by deceiving the victim, received KRW 5,100,000 from the victim via the Agricultural Cooperative Account (006060601142732) in the name of Masknex Co., Ltd. on the same day.

3. On April 2, 2013, the Defendant: (a) transferred KRW 5.2 million to a new bank account in the name of H to the victim in the above D gas station; and (b) used as the operating expenses of the gas station today.