A defendant shall be punished by imprisonment for four years.

Punishment of the crime

The Defendant was engaged in the kind of oil wholesale and retail business with the trade name of “stock company C” in the Gyeonglbuk-gun B.

At around 12:00 on January 25, 2018, the Defendant concluded a false statement that “I will supply oil if I purchase oil to K companies much longer than other sales stores” to J, an employee of the victim H (owner), who is an employee of the main station, and the victim H, who is an employee of the E restaurant located in G, located in G, which is located in G, which is located in G, which is located in G, which is an employee of the main station in G, and the victim H (owner). As the contract for oil supply was concluded, so I would supply oil to our companies first, so I would supply oil.”

However, in fact, the defendant did not enter into an agreement with K company to be directly supplied with oil, and at the time, the defendant was supplied with oil through a kind of return prevention, such as receiving oil payment from the customer due to the enemy's state and supplying another customer with the oil, and even if the return prevention payment was paid by the victims, there was no intention or ability to supply the oil properly.

On January 26, 2018, the Defendant enticed the employees of the victims, and acquired KRW 256,080,000 for oil prices from the point of the victim (the state) not having jurisdiction over the payment of oil; KRW 297,040,00 for oil prices; KRW 250,760,000 for the oil prices; and KRW 250,760,000 for the oil prices from the victim H (the state) I oil station around January 26, 2018 to the C Bank account, respectively, and acquired KRW 803,80,000 for the oil prices.

Summary of Evidence

1. Each legal statement of the witness J, G and M;

1. Examination protocol of the accused by prosecution;

1. The police statement of J, G and M;

1. Certificates of each specification of transactions;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to details of transfer of suspect corporate accounts);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.