A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

From around January 2007 to December 2014, the Defendant supplied oil under the order of the E-gas station (hereinafter “F-gas station”) located in D in Yangju City, but did not receive approximately KRW 23 million oil price. On January 2015, the Defendant was aware that G was ordered to sell oil at the E-gas station in the International Oil station in the name of the victim H who acquired the above oil station, and was aware of the fact that G was ordered to pay the outstanding amount of money equivalent to KRW 23 million, according to the Defendant’s mind.

On September 30, 2015, the Defendant: (a) up to G’s SM3 car parked in the front of the Lcafeteria near K in Yangju-si; (b) even if receiving the oil price from G, it is thought that it would be appropriated for the repayment of the previous outstanding amount of claims; and (c) even if not having the intention or ability to supply the oil, G did not have the intent or ability to supply the oil, and (d) he received the payment from G as soon as possible at the company if he paid the cash amount of KRW 26,300,000 for the same time as soon as possible within the width time after he set off the string; and (b) the Defendant acquired it from G immediately as the oil price in that place after receiving KRW 26,30,000 as the oil price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement about G, H and M;

1. A complaint;

1. Business registration certificate copy;

1. Details of new banking transactions;

1. Details of entry and departure transactions;

1. A copy of the gas station lease contract;

1. Recording records;

1. A report on investigation;

1. A certified copy of a note;

1. Application of text, contents, photographing and photographing Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100,000 won or less) (6-100,000 won or less) (6-10,000 won or more) of the basic area (6-1,000 won or more) (6-1,000 won) of the suspended sentence. The decision of sentencing is equivalent to 26,30