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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. The Defendant is a person who has taken over and operated a gas station located in Pyeongtaek-si together with C and victim D.
On December 22, 2015, the Defendant received a down payment of KRW 17 million from the victim D to the lessor to lease the “E gas station” located in Pyeongtaek-si from the victim D, and embezzled for the victim by arbitrarily consuming the Defendant’s credit card payment, etc. around that time, while keeping the victim for the victim.
2. Fraud;
(a) On December 30, 2015, the Defendant: (a) sent the down payment to the victim as described in paragraph (1) at Pyeongtaek-si (Seoul-si) around December 30, 2015, with the intention of entering into a contract for the G gas station located in Pyeongtaek-si (hereinafter “Seoul-si”).
G. “F.D.” makes a false statement.
However, in fact, the Defendant did not have entered into a contract with G gas stations in Pyeongtaek-si. While there was no other income, the Defendant did not have any intention or ability to use the money received from the victim as the down payment for the oil station because he thought that the Defendant would use the money received from the victim as the personal purpose because there was approximately KRW 250,000,000,000 for personal debt and KRW 50,000 for personal debt.
The defendant acquired 10 million won from the damaged person to the IBK Bank account in the name of the defendant on the same day as the contract deposit of the gas station.
B. On January 12, 2016, the Defendant sent KRW 40 million as premium to H, a lessee, before acquiring “E gas station” to the victim described in paragraph (1) at Fung-si (hereinafter “Sung-si”) around Pyeongtaek-si on January 12, 2016.
G. “F.D.” makes a false statement.
However, without any special income, the Defendant had approximately KRW 250,000,000,000,000 for personal debt and KRW 50,000,00 for personal debt, and was thought to be used for personal purpose, such as paying the money from the victim to the former wife as child support.