Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 13, 2017, Defendant A was sentenced to two years of suspension of execution on January 21, 2017 by the Daejeon District Court for the crime of aiding and abetting a violation of the Act on the Punishment of Acts, Including Intermediating, etc. of Commercial Sex Acts, and the judgment became final and conclusive on January 21, 2017. Defendant B was sentenced to two years of suspension of execution on August 23, 2016 by the Daejeon District Court for obstruction of the performance of official duties, etc. and became final and conclusive on December 1, 2016.

[Criminal facts]

1. Defendant A and Defendant B

A. Defendant A’s employee of the “D gas station” in the official state C, and Defendant B as the representative of the gas station in the name of the above D, and D gas station was in a relationship between D gas station and limited company E from July 22, 2015 and receiving commission from the said company.

Defendants, around August 12, 2015, would provide the victim F, who is an employee of the above company, with oil.

The money was received in a false manner, and there was a public offering to use it in installments.

B. On August 12, 2015, according to the above public offering, Defendant A’s fraud, Defendant A, who was an employee of the above company, can take a phone call to the victim and receive the oil that should be paid in cash.

35,840,000 won is required to purchase the money, to purchase the oil.

around 16:00 on August 13, 2015, Defendant B received KRW 35,840,000 as the purchase price for oil from the damaged party at the above D gas station office.

However, the Defendants did not have any intent or ability to supply oil normally even if they received money from the injured party as the oil purchase price.

As a result, the Defendants conspired to deception the victim, and they acquired 35,840,000 won from the victim.

2. Defendant B: (a) around November 5, 2015, the victim company sold the oil to another company; (b) around November 5, 2015, the victim company 1,499,000 won is an individual supplier under the name of the Defendant.