A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On November 5, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Seoul Central District Court on November 5, 2015, and the judgment became final and conclusive on February 5, 2016.

On March 23, 2012, the Defendant purchased an advance payment of KRW 3,2960,00 from around 13:0 to 6:0,00 to the “E gas station” office for the Victim D’s Operation, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun.

“A false statement” was made.

However, the defendant did not have any intention or ability to supply transit to the victim even if the defendant received money from the injured party and thought that he would use it as the purchase cost of airline tickets to depart from Australia on April 10, 2012.

Defendant deceiving the victim as above and received cash 32960,000 won from the injured party, namely, the purchase price for transit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A copy of the request for return of advance payment;

1. F's certificate;

1. Details of inquiries into entry or departure;

1. Previous convictions: Reporting previous convictions and results of confirmation, search of court cases and application of Acts and subordinate statutes of output of judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the defendant confessions and reflects the crime, the fact that the defendant has agreed with the victim, the fact that the judgment is to be rendered concurrently with the crime of violating the Petroleum and Petroleum Substitute Fuel Business Act, the fact that equity is to be taken into account with the case that the judgment is made definite