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[Defendant A] The defendant A shall be punished by imprisonment with prison labor for four years and six months.
[Defendant C] Defendant C shall be punished by a fine of KRW 2,00,000.
Reasons
Punishment of the crime
[2013 Highest 4362] On September 1, 2012, Defendant A made a false statement to the effect that “The victim would pay fuel expenses in cash to the victim on the 25th of the following month at the K station operated by the victim J in Gwangju Mine-gu.” On October 4, 2012, Defendant A made a false statement to the victim that “M and N will be responsible for the vehicle carrying on L and pay the fuel expenses.”
However, in fact, Defendant A had no intention or ability to settle the total amount of the obligation, including KRW 119,860,90,000, the unpaid amount of oil for the oil station, KRW 55,103,927, the unpaid amount of oil for the oil station, KRW 23,970,140, the total amount of the unpaid amount of wages and retirement allowances for the workers, KRW 12,346,00,000, and the total amount of other vehicle maintenance obligations for the Athro-ray Capital (based on the principal excluding interest), KRW 185,727,095, and KRW 200,000,000, and KRW 597,000,000,000, and KRW 08,062, even if the victim supplied oil from the victim.
Defendant
A, as seen above, deceiving the victim, provided the victim with oil equivalent to the sum of KRW 138,320,857 from September 1, 2012 to December 17, 2012, and did not pay that amount, thereby acquiring property gains equivalent to that amount.
[2013 Height6226]
1. Joint criminal conduct by Defendant A and Defendant C
A. Since February 28, 2013, Defendant A, as a substantial representative of L Company, occupied the said dump truck and exercised a lien in order to secure the repair cost of KRW 12,346,000, such as replacement of dump truck (i.e., B before the alteration of the purpose of use) owned by Defendant A from February 28, 2013. On March 22, 2013, Defendant A tried to implement an order for delivery of the said dump truck with an execution clause granted by a court by Hyundai Social Co., Ltd., the mortgagee of the said dump truck, was suffering from the said dump truck in order to avoid compulsory execution.
Defendant
A. A.