A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

The Defendant leased and operated the Gangnam-gu Hongcheon-gun C gas station from February 1, 201 to June 201 of the same year the deposit amount of KRW 50 million, and the term of lease from February 1, 2011 to January 31, 2013. The Defendant, around February 21, 2011, leased and operated the “F Release” from the “F Release” operated by the victim E in Seoul, Gangnam-gu, Seoul, with the victim’s D stores 20, and if the Defendant, around February 21, 201, operated the gas station, borrowed KRW 85 million with the oil purchase fund.

5. By June 26, 201, KRW 100 million will be paid. If the money is not paid up to that time, 130 million will be paid up until June 30, 201, and if the money is not paid up until that time, the said gas station will be transferred.

“The victim received KRW 85 million on the same day from the victim by making a false statement to the effect that “......”

However, even if the Defendant had no experience in operating the gas station at the time, it is uncertain whether the Defendant could generate profits to repay KRW 100 million after three months, and even if the Defendant had no intent or ability to transfer the gas station even if he/she had extended the amount of KRW 40 million from the corporation on February 9, 2011 and had already provided the lease deposit and goodwill of the gas station as security, and the Defendant did not pay the amount agreed on June 30, 201 to the victim, even if he/she had no intention or ability to transfer the gas station.

Nevertheless, the defendant deceivings the victim as above and obtained 85 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a certificate of borrowing evidence (investigative records, 7 to 18 pages);

1. The pertinent provision of the criminal facts and Article 347(1) of the Criminal Act does not focus on the criminal intent to acquire the defendant's reason for sentencing, and it is recognized that there is no criminal record. However, even though it is recognized that there is no criminal record, the amount acquired by the defendant from the victim has reached KRW 85 million, and it has not taken the measures for the repayment of damage until now.