Defendants shall be punished by imprisonment for six months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendants are married with each other, and Defendant A is the representative of the F station in Yeonsu-gu Incheon Metropolitan City E from July 1, 2012, and Defendant B is the person who actually operates the F station.

On February 17, 2015, the Defendants concluded that “The Defendant would immediately repay 30 million won after the annual leave of absence with the low oil purchase fund to be sold during the annual leave of absence of the Gu” to the operator of the Victim G Co., Ltd. G at the above F gas station.

However, in fact, from January 7, 2015, the Defendants already purchased oil in a normal manner by purchasing and continuing to operate a gas station. As such, the Defendants were operating a gas station in the form of preventing a return of money borrowed from the complainants, such as I and J, and I borrowed money from the complainants, and repaid money borrowed from I to the complainants. In fact, the Defendants intended to repay money borrowed from the victim on or around February 17, 2015 to I. It was merely intended to use it as oil purchase price, and there was no intent or ability to pay to the victim.

Nevertheless, the Defendants conspired to make a false statement, and then received 30 million won from the injured party to the bank account under the name of Defendant A, and repaid it to the said I without using it as the price for purchase of oil, and acquired it by means of closing and diving the gas station door after the same day.

Summary of Evidence

1. Each legal statement of the witness H and K;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Inquiries about credit card transactions (franchises), detailed descriptions of credit card transactions, bond transfer contracts, contracts, etc., recording records, investigation reports (in case of interviews with complainants) (the Defendants and their defense counsel acknowledged that 30,000 won was borrowed from the injured party, but the gas station continues to exist.