A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 11, 2017, the Defendant sent an attitude to pay the gasoline value to the victim under the “E Gas station” managed by the victim D in the former North Korean-gun C around November 23:30, 2017.

However, the defendant did not have the intention or ability to pay the gasoline even if the defendant was provided with gasoline from the injured party.

In addition, the Defendant received gasoline equivalent to KRW 89,000 on the same day from the injured party, from the time until December 16, 2017, and acquired the gasoline and food equivalent to KRW 796,50 on a total amount of 13 occasions, such as the list of crimes in the attached Table, from December 16, 2017.

On November 24, 2017, the Defendant: (a) around 16:52 on November 24, 2017, at H oil station managed and operated by the victim G in the former North Chang-gunF, the Defendant sent an attitude to pay the gasoline value to I who is an employee of the above gas station; and (b) demanded the gas station.

However, the defendant did not have the intention or ability to pay the gasoline even if the defendant was provided with gasoline from the injured party.

The defendant acquired gasoline equivalent to 57,00 won at the market price on the same day from the injured party.

Summary of Evidence

"2017 Highest 520 "

1. Statement by the defendant in court;

1. Statement made by the police against J, K, L, or M;

1. N,O, P, Q, R, T, and U’s written statements “2017 Heights 523;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant planned and repeated act of acquiring the amount of money by receiving petroleum and food even though the defendant had no intent to pay the amount, the crime committed in this case is not good, and the conditions for sentencing unfavorable to the defendant, the defendant's intention to commit the crime and wrong, and there is no history of punishment against the defendant, and the defendant is excessive.