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

Punishment of the crime

around October 2017, the Defendant, in Goyang-si B, stated that “In the present D gas station has been operated at present, the Defendant would operate the E gas station once a month. We will assist the opening of the E gas station. On the other hand, the Defendant would provide the existing operator with deposit KRW 30 million, the premium of KRW 30 million, and the premium of KRW 30 million, which is the remaining oil of the oil tank oil tank, to operate the E gas station.”

However, in fact, the deposit to be paid to the existing operators of the E-owned station was merely KRW 10 million, and there was no promise to pay the deposit amount of KRW 10 million,00,000,000,000,000 won per month at the D-owned station operated by the Defendant, and the Defendant did not have any intent or ability to reduce E-owned businesses due to the Defendant’s failure to pay credit card payment due to the absence of any balance in the D-owned station, and the Defendant was liable for the loan amount of KRW 50,000,000,000,000,000,000,000 won was supplied by G to pay the above oil payment and credit card payment. Since it was intended to pay the above oil payment and credit card payment from the victim, even if leased the E-owned station, the Defendant did not have any intention or ability to purchase the actual oil for business.

The Defendant received from the victim a total of KRW 60 million, including KRW 10 million around October 23, 2017, KRW 40 million around November 14, 2017, KRW 10 million around November 201, and KRW 10 million around November 20, 2017, and acquired the money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, H and I;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Details of deposit transactions and copies thereof;