A defendant shall be punished by imprisonment for not more than ten 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

On March 13, 2014, the Defendant established F Co., Ltd. (hereinafter referred to as “F”) with the victim E “F Co., Ltd.” at the D office located in Yangsan City Co., Ltd. on March 13, 2014, and then purchased oil at low prices and intended to supply oil at low prices to various gas stations. In order to do so, F requires a KRW 100 million of its capital to be borne by the said securities company.

In support of KRW 100 million, F would introduce card terminals provided by H, a victim company, to the gas station that supplies oil from F, thereby making 80,000 payments monthly within six months and obtaining the benefit of commission.

However, on the other hand, the Defendant purchased the land at the GJ of Busan in 2012 at around 13 billion won from the Industrial Bank, etc., and paid around 100 million won per month from the Industrial Bank, etc. as interest. From the Denman on 2013, the Defendant did not pay interest to the Industrial Bank out of the above debt. At the time of the Defendant’s de facto operation, seven gas stations, such as J gas station, etc. (hereinafter “instant gas station”) were not exempted from proper operation. As such, even if the Defendant received KRW 100 million from the injured party, it did not use the interest as the F’s own capital, and the Defendant thought that the Defendant would be able to receive 10 million from the victim under his own name at the time of the instant gas station, and that the Defendant could not receive money from the victim under his own name, as well as the Defendant agreed to introduce the Defendant’s credit card supply to another victim within six months.