A defendant shall be punished by imprisonment for six 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

1. On November 10, 2017, the Defendant against the victim B: (a) at the D gas station operated by the victim in Seosan City, on November 10, 2017, the Defendant provided that, although there is no intention or ability to pay the gas station, the fact that the Defendant was supplied to the victim the payment of the diesel amounting to KRW 30,00,00 from the victim, that is, the Defendant was paid the diesel amounting to KRW 23.46,46 of the diesel amounting to KRW 30,00 from the victim’s seat to the E-car, and received from the victim the diesel amounting to KRW 1,109,000 from the victim up to February 22, 2018, the Defendant was supplied with the diesel amounting to KRW 38 times in total.

2. On June 9, 2017, the criminal defendant against the victim F stated, “The victim has no money to subscribe to the automobile insurance. If the victim borrowed money for the purchase of the automobile insurance, he/she will repay within two to three days.”

However, even if the Defendant received the borrowed money from the victim, it was thought that only part of the money was used as the automobile insurance premium and the remainder was used as the living expenses, etc., and there was no intention or ability to repay the borrowed money within two to three days as agreed by the victim.

결국 피고인은 이와 같이 피해자를 기망하여 이에 속은 피해자로부터 같은 날 피고인 명의 H 계좌(I)로 110만 원을 차용금 명목으로 송금받은 것을 비롯하여 별지 범죄일람표 2 기재와 같이 그때부터 2018. 5. 9.까지 5회에 걸쳐 피해자로부터 차용금, 비료대금, 깻잎 육묘 구입대금 명목 등으로 390만 원을 교부받았다.

3. On September 9, 2018, the criminal defendant against the victim J made a fraudulent call to the victim even if he/she received the purchase price from the victim, and did not have the intent or ability to purchase the same as that agreed upon by the victim.