A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case.

Punishment of the crime

1. The Defendant, since around 2002, was a person who established and operated the J (hereinafter “J”) with the purpose of wholesale and retail business in Chungcheongnam-si, Chungcheongnam-si.

In early 2007, the Defendant, who was operating the J, demanded to pay 3.4 billion won of the credit transaction amount by K Co., Ltd. (hereinafter “K”), and subsequently, was unable to facilitate the supply of oil to his/her business partners. In order to overcome such demand, the Defendant was supplied oil on credit by developing other business partners, such as L Co., Ltd. (hereinafter “L”) and M (hereinafter “M”), other than K, and received the supply of oil on credit.

However, the credit transaction price for L/M also reached approximately KRW 1.6 billion, M, and KRW 1.1 billion, requiring L and M to pay oil in cash. Since L and M were unable to receive credit payment from J on February 4, 2008, L and M applied for a voluntary auction on land owned by J which set up a right to collateral security on credit payment as a security and decided to commence voluntary auction on February 19, 2008. Since it was impossible for the Defendant to receive oil normally, even if L and M received money from his/her clients as advance payment, it was difficult for him/her to pay the existing unpaid payment for L and M, and thus, it was impossible to supply oil to his/her clients.

2. The criminal facts of the 2013 Gohap9, the J demanded the payment of oil from the company receiving oil as seen earlier, and L, the supplier, did not have any financial standing to the extent that it applied for voluntary auction based on the right to collateral security against J, and even if it received money from the victim, it did not have any intent and ability to supply the corresponding oil, the Defendant, by deceiving each victim as follows, took money into account as the oil price.