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

Punishment of the crime

[criminal records] On May 2, 2012, the Defendant was sentenced to a suspended sentence of two years in the month of imprisonment with prison labor for the commission of stolen goods at the Suwon Friwon, and the judgment became final and conclusive on May 10, 2012.

[Criminal facts]

1. On Oct. 1, 2009, the Defendant made a false statement to the effect that “The Defendant would immediately return transit to a gas station located in Asan City, which is operated by the victim D in the Nam-gu, Nam-gu, Southern-gu, 2009, by lending light oil equivalent to KRW 5,000 to the victim’s KRW 5,00,000,” from the oil station operated by the victim D.

However, at the time, the Defendant had the unpaid tax amount of KRW 400,000 without any particular property. Since the financial condition of the gas station operated by the Defendant has deteriorated, the Defendant was in the crisis of business closure, the Defendant did not have any intention or ability to pay the unpaid tax amount or to pay the price, even if he borrowed it from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired it through transit of the amount of KRW 5,00,000 from the victim, that is, the victim.

2. On January 14, 2010, the Defendant called the victim D at a scopic land and ordered 20,000 liters via a car.

The payment made a false statement to the effect that “The payment shall be made in cash as soon as the transit arrives at the head of the Tong.”

However, at the time, the Defendant was liable for the tax of KRW 400,000 without any particular property. Since the financial condition of the gas station operated by the Defendant was deteriorated and the Defendant was discontinued, there was no intention or ability to pay the price even if he was supplied through the gas station from the injured party.

Nevertheless, the defendant deceiving the victim as above, ordered the victim to place an order via the ASEANS Co., Ltd. and pay the transit price in advance. On January 15, 2010, the defendant suffered damage through the tank crost vehicle article employed by the defendant from the Drillan Oil Pipeline Corporation located in the north-gu, Yanananan-gu.