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

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

Punishment of the crime

The Defendant was invested in approximately three billion won from the victim E while operating the D gas station located in Gangdong-gu Seoul Metropolitan Government, but it was unable to redeem it. On June 201, when the obligation to redeem investment to the police officer was accumulated, the Defendant delegated all of the rights to operate and manage the D gas station, and the right to purchase the oil to the victim. The victim entered into a guarantee agreement with the new bank with the new bank with respect to the obligation 12 billion won incurred by the Defendant to the new bank at the time. Since June 13, 2011, the Defendant registered the business under the name of the victim and operated the said D gas station and had F, a business employee of the victim, take charge of the fund management of the said D gas station. The victim and F introduced the energy company, etc. to purchase the oil from the Defendant for the first time.

1. On June 20, 201, the Defendant, at the time of the above D’s office, was obligated to pay a large amount of financial rights, such as a new bank, etc. as above, as well as the Defendant had been urged by the branchr, etc., so even if he was paid the purchase price for oil from the victim, the Defendant was merely willing to use his personal debt, etc. for the purchase of oil, but did not intend to use it for the purchase of oil. However, the Defendant’s false statement that “the bank account in the name of the Republic of Korea would have purchased the oil at a container.” Accordingly, the Defendant was transferred KRW 30,480,00 from the above F to the new bank account in the name of the Defendant, and received KRW 29,460,000 from the above F to the same account as the oil price, around the 24th of the same month.

2. On July 7, 2011, the Defendant was liable for a large amount of debt at the above D gas station office as described in Paragraph 1, and there was a situation in which reimbursement of debt was urged. Accordingly, the Defendant was the customer of the D gas station at ordinary times.