A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a person who runs the maritime transport business with D and E in the trade name of E.

On November 24, 2010, the Defendant made a false statement to the victim C through F, stating, “If he/she supplies a G vessel operated in E with a ship, such as miter A oil, he/she would pay the price within one week.”

However, the defendant has no intention or ability to pay the price even if he is supplied with oil for ship by the victim, such as he/she has been liable to pay approximately KRW 80 million without any particular property, and has not paid the above E even if he/she is supplied with oil for ship by the victim.

As above, the Defendant, by deceiving the victim C, was supplied by the victim with oil for vessel use equivalent to KRW 1,2249,000,000, in total, around November 24, 2010.

Summary of Evidence

1. C’s legal statement;

1. Each protocol of interrogation of the police as to D (excluding the part on the interrogation of the defendant);

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes of the receipt, the oil payment angle

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear);

1. Determination of types of crime: Type 1 (less than 100 million won) for general fraud;

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);

3. Although the decision of sentence and suspended execution have not been restored to the present date, the defendant has no criminal records of the same kind, there has been no record of criminal punishment exceeding fines for the last twenty years, the defendant's amount of damage, age, character and conduct, etc. shall be determined within the sentencing criteria and the sentence against the defendant shall be determined and the damage from the criminal act shall be recovered.