A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The Defendant, from February 2, 2012 to December 2, 2013, operated a gas station in Ansan-si C, supplied oil to the transport vehicle operated by the victim E (53 years of age).

Around December 9, 2013, the Defendant, at the F Co., Ltd. F Co., Ltd. in Ansan-si, received dividends from the victim in two amount (4,800 litres) of tank cro-cars (4,800 litres) in order to sell oil at the oil in the oil refinery when the end of the year. The Defendant, at the current market price, stated that “When the end of the year, the Defendant was distributed two amount (4,800 litres) of the tank cro-cars (4,800 litres) to be sold at 1620 won per liter (24,000 litres per liter) in advance and stored in the oil station in Korea.”

However, on December 6, 2013, the Defendant was unable to pay monthly rent, etc. to the above gas station, and the court issued a decision on the provisional disposal of real estate by the court on December 6, 2013, and approximately KRW 300 million for personal debts, there was no other way to pay for the oil stored in the above gas station. Therefore, even if the oil price was received from the victim as advance payment, the Defendant did not have any intention or ability to supply the oil to the victim.

As such, the Defendant, by deceiving the victim as above, received 38,400,000 won from the single bank passbook under the name of the Defendant as advance payment for oil, and 480,000 won from the same account around December 11, 2013, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the prosecutor and the police accused;

1. Statement of E by the police;

1. Application of Acts and subordinate statutes to a complaint, a purchase place, a detailed statement of D gas stations, a remittance certificate, and a written decision on the cost of Pyeongtaek Housing Site (Evidence List Nos. 1, 2, 3, 7, 8);

1. The relevant Article of criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud, and there is no basic area (6th month to one year and six months) [the decision of sentence] (the decision of sentence] of the basic area (6th month to one year and six months] [the defendant].