Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Defendants are each applicant for compensation.

Punishment of the crime

On January 9, 2012, the Defendants conspired with the victim E by means of F at a place where it is impossible to identify the Jeju Southern-dong Branch of the Seo-gu Incheon Metropolitan City on January 9, 2012, the Defendants concluded that “on the first arrival of the money, the Defendants will immediately send 20,000 liters at a price lower than 30,000,000 won of the city.”

However, the Defendants did not have any intention or ability to send oil even if they received money from the victim via F.

On January 9, 2012, the Defendants, through F, were informed of the victim’s deception by deceiving the victim, and then received KRW 35,340,000 from the G-based corporate bank account designated by Defendant B.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of witness B, E, and F;

1. A suspect interrogation protocol of the prosecution and a copy of the police interrogation protocol;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Determination on the assertion by the Defendant A and the defense counsel under Articles 25(1) and 31(1) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution.

1. Although Defendant A (hereinafter “Defendant”) received KRW 25 million from Defendant B (hereinafter “B”) the amount transferred by the victim from Defendant B, Defendant A (hereinafter “Defendant B”), Defendant A did not agree to commit the instant crime and did not perform the act of deception.

2. Determination

A. According to the records, in light of the following facts and circumstances, it is reasonable to view that the defendant acquired the oil price from the victim in collusion with B.

(1) As to the background leading up to the Defendant’s solicitation of the instant crime, B’s above statement is relatively consistent from the investigation agency to the instant court. Considering the relationship between B and the Defendant, the transaction relationship between the Defendant and H gas station, the process of supplying the instant oil, etc., the credibility of B’s above statement is deemed as follows.