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

"2013 Highest 2597"

1. On September 21, 2012, the Defendant concluded that “Around 2012, the Defendant would send oil to the victim” at the E station operated by the victim D located in the following cities: “The Defendant would send oil to the victim if he/she deposits the first oil value (20 million won) with the first oil.”

However, even if the defendant received the oil price, he did not have the intention or ability to send the oil to the victim, and it was thought that the above money was used as operating expenses of the gas station because the financial condition of the Friju station operated by the defendant at the time was difficult.

Nevertheless, the Defendant, by deceiving the victim as such, received 15 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant as oil payment.

2. Around September 27, 2012, the Defendant made a false statement that “I would make an oil in Korea by making a phone call to the victim at the H oil station located in G, and “I would not claim this low oil, unless there is any oil in advance, and I would not claim this low oil. If you deposit KRW 30 million, I would make a single oil by combining it up to the last time.”

However, even if the defendant received the oil price, he did not have the intention or ability to send the oil to the victim, and he thought that he would repay the above money to I.

Nevertheless, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant as oil payment immediately.

In this respect, the defendant had taken property benefits by deceiving the victim two times.

around July 25, 2012, the Defendant stated that “Around May 25, 2012, the Defendant borrowed money necessary for the operation of the gas station from G to the H gas station operated by the victim I, G, “I will promptly dispose of oil and keep the oil on credit if I believe it is not possible to do so.”

However, the defendant's financial status of Friju station operated at the time.