A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who has been engaged in the oil supply business in Gyeyang-gu Incheon, Inc. D.

The defendant is supplied with oil from oil refineries companies, etc., supplied the oil again to oil refineries, etc., and proceeds from business in the form of taking marginal profits generated in the process.

When the Defendant entered into partnership with Samsung Card Co., Ltd., and the gas station supplied with oil from the Defendant submits an application for the limit approval to the victim company, the victim company first paid a certain amount of fees to the Defendant in advance from the oil price that the Defendant should receive from the gas station, and the victim company created a business structure that receives the card price from the gas station after one month.

On March 2013, the Defendant received an application for approval from G operating a Friju in Asan City E to allow the use of the Friju credit card.

On May 2013, the Defendant was unable to pay 50 million won oil price to the victim company by the oil station operator supplied with oil in the above-mentioned manner, and the Defendant suffered economic damage equivalent to KRW 250 million in total due to such reasons as paying the price by subrogation to the victim company on behalf of the victim company.

On December 2, 2013, the Defendant provided the victim company with an application for approval of the limit of issuance of the above F station which was provided by G for the purpose of financing only to the extent that he/she did not intend to supply oil to G at all, and acquired it by remitting KRW 4,9250,00 on the same day from the victimized company that believed that the Defendant would supply oil normally to G.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes regarding written confirmation of use;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;