The Defendants were in a situation where the gas station in this case was under auction and it was difficult for Defendant B to normally operate the gas station. As such, Defendant B leased free of charge, and thus, the lease deposit is not necessary. However, in order to prepare for the separate oil payment, etc., the Defendants conspired to receive money by concealing the fact that Defendant C was conducting an auction with the victim N, who was aware of the Defendant C, by paying the lease deposit to Defendant B and operating the gas station normally.

According to the above public offering, Defendant C prepared a real estate lease agreement with the victim on October 23, 2009, stating that “When investing KRW 200,000,000,000 per month, the first six months shall be KRW 5,000,000 per month, and the subsequent two years shall be refunded, and the subsequent two years shall be returned.” In order to deceiving the victim, the Defendants issued a real estate lease agreement with the victim under the name of Defendant B, the lessor, around October 23, 2009, the victim leased the above gas station from Defendant B, the lessor, and KRW 20,000,000,000,000,000,000,000,000,000).”

However, at the time, the above gas station had been operated by Defendant B on January 8, 2009, and had already been auctioned according to the voluntary decision on commencement of auction on January 8, 2009. The Defendant, etc. already agreed to be leased the above gas station from Defendant B without compensation. Therefore, the Defendants did not need to use the money for other than the lease deposit, and as such, the auction was held.