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

except that 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

Since 2004, the Defendant operated the E gas station in Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do, and supplied stove oil to the Victim Co., Ltd., Ltd., a food manufacturing and processing company (hereinafter “victim Co., Ltd.”).

The Defendant, either directly or through a staff member of a gas station, provided the gas station oil in the boiler room of the victim company, received a certificate of confirmation that the gas station oil flow from the victim's office is not available to the accounting staff, and operated the business by claiming the gas station oil price of 1 month in the following month to the victim company's accounting staff and receiving the price. The Defendant did not directly check the amount of the gas station oil, thereby attempting to obtain the money by claiming the money by taking advantage of the fact that the accounting staff did not directly check the amount of the gas flow.

Around July 2008, the Defendant supplied boiler, etc. to the victim company located in 37-11, Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant issued a confirmation certificate as if 400 literss were supplied to the person in charge of the accounting personnel’s name in an irregular manner. Around August 2008, the Defendant claimed 400 literss of the victim company, and then received 582,000 won from the employee in charge of the victim company, from the time to November 2015, and acquired 40,246,000 won in total from November 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes concerning the details of transactions of gas stations and details of excess claims;

1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. The scope of the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court sentencing committee (two months and one year and six months) shall be taken into consideration in full view of all the conditions of the sentencing indicated in the argument of this case, including the background of the crime of this case, the scale of the money obtained by deception, the smooth agreement to obtain money, there is no criminal record of the same kind, the reflectivity, etc.