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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 1, 2011, the Defendant called the victim E by telephone at the D gas station operated by the Defendant in Ansan-si, Ansan-si, and provided the victim E with a false statement to the effect that “The Plaintiff has railroad bonds worth KRW 1 billion, which have come to the maturity on October 201, and only the bonds have been paid, she may help him/her to pay off off.” On the other hand, the Defendant attempted to change the claim. On the other hand, he/she purchased the oil at the same time, and uses the oil by dividing it.” On the other hand, the Defendant accepted the Defendant’s proposal, and the victim again paid the oil, and the victim would have to purchase the oil at once. As to the oil requiring the payment of the money first, he/she would have to pay the money by making payment at once in the last time. In particular, he/she would not have to know about the problem of the money, and should not solve the problem.”
However, the defendant's father did not have a claim amounting to one billion won which is due on or around October 201, and the defendant also operated a gas station in a hostile state without any particular import, so there was no intention or ability to pay the amount even if he received the payment from the victim. In addition, the victim did not have sufficient amount of funds. Therefore, the defendant's father did not have an intent to make transactions in response to the defendant's proposal in the absence of a claim amounting to one billion won which is due on or around October 2011.
Around August 1, 2011, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim for the use of oil, as well as received KRW 5 million from around that time to November 6, 201, an amount equivalent to KRW 51.8 million from around that time to around 60 times.
Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 51.8 million.
2. The Defendant, at the end of January 2012, from the victim E and from the F, at a place where the horse is infinite.