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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
From May 4, 2011 to December 2, 2011, the Defendant operated “D gas station” in Changwon-si, Changwon-si, Masan-si C.
[2012 Highest 512] The Defendant did not own actual oil around November 10, 201, and did not intend or have ability to supply oil at the time due to the circumstances, such as the failure to pay an existing oil value to a person who is called “E president”, making it difficult to be supplied with an additional oil.
Nevertheless, the Defendant sent 20,000 liters via the following day to the victim F of the oil at the above D station on a temporary basis, and made a false statement to the victim F of the oil payment. On November 10, 201, the Defendant sent 50,000 won from G account to H account that the Defendant told.
"2012 Highest 784"
1. The Defendant, around 14:00 on November 10, 201, told the victim I to the effect that the oil needs to be left from the victim I by telephone, and made a false statement to the victim “I will have to pay off to our gas station.”
In fact, the Defendant did not actually hold the transit to the extent desired by the victim, and it was difficult for the person called “E president” to be provided with an additional oil because it did not pay the existing oil price to the person called “E president,” and the Defendant purchased oil from the victim and was planning to supply the oil to other creditors holding the oil value to the previous Defendant (the so-called “oil-free”), and even if receiving the oil value from the victim, there was no intention or ability to supply the oil to the victim properly.
Nevertheless, the Defendant, by deceiving the victim, was transferred from the victim to the Japanese bank account under the name of 32.4 million won under the name of oil value equivalent to 20,000 square meters via the victim around that time.
② On February 2, 2012, the Defendant: (a) around 14:00, at the K station office in the operation of the victim located in the JJ, and (b) “the President” to the victim.