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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
around 10:00 on October 19, 2012, the Defendant called “E” coffee shop located in Seo-gu Daejeon, Daejeon, Daejeon, to the victim F, that “The Defendant sold 32,000 liters from Seoul Petroleum Co., Ltd. a total of 128,000 liters for the 4 large 4 large bitls for the 32,000 liter, thereby bringing about 1,560 won per liter.”
The victim asked G to the purport that “I think you will purchase transit”, and concluded a contract with G to purchase 80,000 liter in 12,440,000 won in 12,440,000 won, which confirmed that G intended to purchase 1,55 won per liter.
However, the defendant did not have any intention or ability to supply oil in time even if he receives oil payment from the victim because he had not purchased oil from the Seoul Petroleum Co., Ltd. at the time.
Meanwhile, even if real estate was purchased by adding money from the victim to the Seoul Petroleum Co., Ltd. as collateral, the amount equivalent to the heavy oil supplied by the Seoul Petroleum Co., Ltd. due to the Defendant’s debt amounting to KRW 2.8 billion to the Seoul Petroleum Co., Ltd. was immediately sold and paid the price to the Seoul Petroleum Co., Ltd., so the Defendant could not supply the oil promised to the victim.
In addition, since the defendant was in excess of the obligation, if the defendant could not supply the above transit to the victim, there was no intention or ability to return the above payment to the victim.
The Defendant, as such, by deceiving the victim, received KRW 80,000,000 from the victim of the victim, who was in front of the Daejeon-gu Daejeon-dong, Daejeon-gu, Daejeon-gu, through his birth H, for the oil price, and received KRW 44,00,000,000 in total, around 17:10 on the same day, and acquired KRW 122,440,000 from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G, F, I, and J;
1.Each.