A defendant shall be punished by imprisonment for six months.

However, 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

On June 27, 2013, the Defendant made a false statement to the victim C, who operates (main) F at the second floor office of the Eriju station located in Ulsan-gu, Ulsan-gu, Seoul-gu, stating that “A Fund for purchase of oil is required to operate G gas stations and H gas stations within the country. From July 2, 2013 to pay KRW 10,049,567 each day with its profits after four days after the loan of KRW 100 million from July 2, 2013.”

However, the Defendant discontinued the business of the above H station around June 30, 2013, and around July 1, 2013, the G gas station did not have any intent or ability to pay the loan with the profits of the said gas station even if the Defendant transferred the business of the said H gas station to another person and obtained the loan from the victim.

The Defendant, as above, by deceiving the victim, received KRW 100 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C Statement of the police;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (the agreement with the victim, the reflection of the agreement, and the circumstances of the crime in this case);

1. It shall be decided as ordered for the reasons under Articles 25(1), 31(1), (2), and (3) or more of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Provisional Execution;