The judgment of the court below is reversed.

Defendants are not guilty. The summary of the above judgment against the Defendants is publicly announced.

1. The summary of the facts charged of this case that the court below found the Defendants guilty and sentenced the Defendants to a two-year suspended sentence for each of the eight months of imprisonment, and ordered them to provide community service for 120 hours in addition thereto are as follows.

Defendant

A is a person who actually operates a gas station located in Dong-gu, Nam-gu, Dong-gu, and Defendant B is a building owner of the above gas station.

On December 28, 2012, the Defendants concluded that “The Defendants would supply 32,00 liters of oil to the victim H by December 31, 2012, on the face of 4,5440,000 won in advance payment of oil” to the G gas station located in the Daejeon-gu Daejeon District.

However, even if the Defendants received advance payment from the victim, they did not have the intent or ability to supply the oil to the victim.

Nevertheless, the Defendants deceiving the victim as such and received 45,440,000 won from the victim’s account of the business operator of the E-ownership station (I of the new bank).

2. Summary of grounds for appeal;

A. misunderstanding of facts - When the Defendants received 45,440,000 won from H (hereinafter “Appellant”), the Defendants are not only J but also the Defendants are liable for the supply of oil to the complainant in return.

At the time, the defendant was not the defendants of the delivery of oil and the fact that J was responsible for the supply of oil is being well known or sufficiently known.

The Defendants believe that the J delivers oil to the complainant or that the Defendants would return the oil price of 45,440,000 won received from the complainants to the complainants, and received 4,544,000 won from the complainants as above. The Defendants had criminal intent to acquire by deception against the complainants, as pointed out in the above facts charged, and had the complainants by deceiving the complainants, and received 4,544,000 won from the complainants.