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A defendant shall be punished by imprisonment for one year.
However, 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
On August 31, 2012, the defendant was sentenced to imprisonment with prison labor for 8 months at the Gwangju District Court for fraud and two years of suspended execution for the same year.
9.8 The judgment became final and conclusive.
1. Around February 28, 2011, the Defendant committed the crime at the NAcheon-si Branch of the NAcheon-si, Changcheon-si, the Defendant was planned to rent and operate the gas station only with money borrowed from many persons without any property or any specific income owned by the Defendant, and even if he/she borrowed money from other persons as a security deposit for rent of the gas station, he/she did not have an intention or ability to repay it, the Defendant may normally operate the gas station to the victim D only if he/she borrowed money from other persons as a security deposit for rent of the gas station. If he/she lends KRW 100 million to 10 million, he/she operated the gas station and operated it as a security deposit for rent of the gas station. On the same page, the Defendant obtained KRW 100,000 from the victim to return KRW 100,000,000,000,000.
2. Around September 17, 2011, the Defendant committed the crime at E station in E station around September 17, 201, stating that “Around September 17, 2011, the Defendant did not have the ability to raise funds for the operation of the station as referred to in the foregoing paragraph 1.” In addition, the Defendant sold pseudo petroleum at the above station around March of the same year, thereby obtaining a penalty surcharge of KRW 25 million from the competent administrative agency and not operating the above station normally, and even if he borrowed money from another person, the Defendant did not have the ability to pay it. However, even though the Defendant did not have the ability to pay it, the Defendant, “A gas station in which the payment is made is operated, is operating well. If the Defendant borrowed money necessary for the purchase of oil, he/she would sell oil, and immediately repay it after one week, he/she acquired it from the victim by transfer from the Defendant’s account in the name of the Defendant.”
(i) the evidence;