A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 2010, the Defendant, around Busan-si around September 201, acquired G gas stations in F in the name of the victim H, and the operation was entrusted to the victim, and the Defendant agreed to take charge of oil supply.

On October 7, 2010, the Defendant received a remittance of KRW 50 million from the victim to the Daegu Bank Account (I) in the name of the Defendant, from around November 4, 201, and had the victim keep the money in custody for the victim, from that time, until November 4 of the same year.

Nevertheless, even though the Defendant was supplied with 20,000 liter via J around October 28, 2010 at G gas station, the Defendant did not pay 27,860,000 won for the oil, but did not pay 18,720,000 won for the oil price even when he was supplied with 20,000 liter from J on the 31st of the same month, and was supplied with 21,000 liter via J on November 14 of the same year, the Defendant arbitrarily consumed the amount for 30,282,000 won for the operating expenses of the oil station operated individually at each time.

As above, the Defendant, while receiving oil payments from the victim, was supplied with oil for three times by J, but instead did not pay the total amount of KRW 76,862,00,00, and embezzled at will for operating expenses of the gas station operated individually.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement of the police statement related H;

1. Application of the detailed statement of transactions and the Acts and subordinate statutes governing credit sales stores;

1. Determination as to the assertion by the Defendant of the choice of imprisonment and his/her defense counsel, including the relevant legal provisions and the choice of punishment, under Articles 356 and 355 of the Criminal Act

1. It was true that the defendant received KRW 328 million from the victim. However, among them, KRW 37.6 million from the defendant's transfer to the victim, the defendant decided to operate a G gas station in partnership with the victim and received the deposit for lease of the building of the gas station paid by the defendant, and the amount of KRW 20 million is paid as the profit of the Dong business.