A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is the representative director of oil brokerage chain C (main).

On September 24, 2014, the Defendant provided 26,874,800 won for purchasing 26,874,800 won for oil in cash and received 231,680,000 won for purchasing 26,00 won for purchase of 160,00 won for oil on the following day by receiving 258,54,80 won for deposit of 160,00 won for oil from the new account in the name of C (State) by transferring 258,54,800 won to a new account under the name of C (State).

However, in fact, the Defendant did not have any particular property at the time, and it was thought that the Defendant would use the money received from the injured party for other urgent purposes, such as operating expenses of the Defendant, and as such, there was no intention or ability to supply the victim with oil 180,000 liters by purchasing them at a very low price.

Ultimately, the Defendant, by deceiving the victim as above, obtained a total of KRW 258,554,80 from the victim to receive a total of KRW 258,54,80 for purchasing oil.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the accused by the prosecution (including the E and D respective statements);

1. Application of Acts and subordinate statutes on deposit sheet, written confirmation, and certificate of transfer confirmation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / The basic area (one to four years) (one year and four years) of the type 2 (at least KRW 100 million, but less than KRW 500 million) / [Pronouncement of sentence] the extent of damage of this case and the fact that the victim did not agree with the victim is disadvantageous to the defendant.

However, the defendant paid 15 million won to the victim up to now, and the victim on real estate owned by his father.