Text
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant had been supplied with light oil, such as light oil, from around August 201, the Daegu Suwon-gu G located in the victim F, which was operated by the victim F, in the operation of the ES station located in Daegu Dong-gu, Daegu-gu.
However, on October 12, 201, two months after the Defendant started a transaction with the victim, the Defendant was declared bankrupt by the Daegu District Court on October 12, 201, and was unable to purchase oil directly from the oil refining company because of the lack of advance payment, and the Defendant began to accumulate losses due to financial difficulties due to the lack of monetary circumstances, such as preparing the payment price for oil, the payment date of which is different from the payment date of oil to be paid to the victim.
Accordingly, even if the Defendant was supplied with oil from August 2012, the Defendant had no intention or ability to pay the oil normally.
Nevertheless, the Defendant, around August 1, 2012, by supplying the oil at the above (H) station and by paying the amount of 13,832,00 won on a normal basis by deceiving the victim as if he would pay the amount of the oil in a normal condition, thereby acquiring property profits equivalent to that amount by failing to pay the remainder of 7,632,00 won from the victim, even though he was supplied with the oil equivalent to KRW 1,231,968,785 from that time until June 25, 2013, even though he did not pay the amount of 942,530,614 won for the oil, and did not pay the remainder of 289,438,171 won.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the accused by the prosecution (including theF statement);
1. Statement of the police statement concerning F;
1. Application of the Acts and subordinate statutes of the Daegu District Court Order 201Hadan980 decided on a copy of each repayment plan, credit sales place, statement of injecting transactions, statement of details of deposit, statement of details of deposit, statement of details of deposit and withdrawal transactions, inquiry into
1. The reason for sentencing of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts (in general, the scope of recommending punishment) [the range of recommending punishment] general fraud type 2 (not less than KRW 100,000 and less than KRW 500,000).