A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[criminal record] On October 13, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Incheon District Court on October 13, 201, and the said judgment became final and conclusive on the 22th of the same month.

[Criminal facts] The Defendant is a person who had operated a gas station in the name of “D gas station” in Gyeonggi-si, and the victim C is a person who was an oil supplier.

On April 12, 2011, the Defendant stated that “The Defendant would supply 20,000 liters to the victim by telephone at a lower price than the market price of gasoline 20,000,000 won per annum to 333,560,000 won per annum when paying gasoline values in cash first.”

However, at the time, the defendant did not have the intention or ability to supply 20,000 liter to the victim even if he received oil payment from the injured party.

Defendant deceiving the victim by the foregoing method and received cash KRW 33560,000 from the “F” or the parking lot for a building located in Seo-gu Incheon, Seo-gu around April 13, 2011 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of bankbooks;

1. Previous convictions: Inquiry about criminal history, reporting of investigation (shorter concurrent crimes after Article 37 of the Criminal Act), application of Acts and subordinate statutes of a copy of judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. Article 32(1)1 and Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (applicable for compensation after the closure of pleadings at the trial of the court of first instance, which is a supplementary law) did not have much damage on the grounds of sentencing, and the damage has not yet been recovered until it.

In light of the contents of the victim's police statement and record, and the defendant's failure to make sufficient statements about "G" in the prosecutor's office, it is doubtful about the circumstances of the case alleged by the defendant.