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

Punishment of the crime

[2014 Highest 3823] The defendant is a person who operates a Criju station in Macheon-si B.

1. On October 29, 2013, the Defendant transferred KRW 500,000 from the victim’s bank account to the Defendant’s bank account, to the victim D (Nam, 32 years of age) and to the effect that “on the loan of KRW 5 million with business funds, KRW 500,000,000 shall be paid in monthly,” and “on the loan of KRW 5 million to the Defendant’s bank account;

2. On June 16, 2014, the Defendant sent KRW 20 million from the victim to the bank account of the Defendant at the above gas station office to the effect that “I wish to open only one gas station but only if other investors make a contract deposit. I wish to lend KRW 2 million to 50 million,” and the Defendant transferred KRW 20 million from the victim to the bank account of the Defendant;

3. On August 12, 2014, the Defendant was transferred from the victim to the bank account of the Defendant at the E station office located in Yangju-si, to the effect that “If the victim lends 2 million won as he/she has raised money, he/she would concurrently dispose of the borrowed money.”

However, at the time, the Defendant had only 200 million won of personal debts without any special property, and the gas station operated was intended to use it to repay urgent debts, such as money bonds, etc. borrowed from the victim. Therefore, even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay it properly.

After all, the Defendant acquired a total of KRW 27 million from the victim as above.

[2014 Highest 4806] The Defendant is a person who operates a Criju station in the name of F in Gyeonggi-si B.

On February 19, 2014, the Defendant would pay the amount of KRW 1.5% per month fixed wage and sales of KRW 1.5% if the Defendant invested KRW 50 million in the C gas station.

A gas station as security for investment funds.