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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From January 2015, the Defendant is a person who operates a gas station in Pyeongtaek-si G with the trade name “H gas station”, and I (the suspension of indictment on the same day) is a representative of the gas station as a person who manages affairs such as the settlement of sales, etc.
The Defendant, along with the above I, received a proposal from a large number of cargo owners visiting the above gas station to provide a certain amount per liter (the amount calculated by subtracting KRW 183.21 per liter from the present amount of oil tax less the current amount of oil tax) via transit to provide the truck borrower with a subsidy to cover a part of the increase of the oil tax by the local government, which is offered as follows: (a) in order to receive the “oil subsidy” as much as possible, the Defendant paid a false amount exceeding the amount by the oil purchase card; and (b) returned the difference between the actual limited amount of the oil and the cash return.
The Defendant, along with the foregoing I, accepted the proposal with the aim of attracting large-scale freight vehicles to customers and obtaining large-scale sales proceeds by attracting large-scale freight vehicles, even though it is well aware that the said truck owner would receive fuel subsidies unlawfully.
On January 29, 2015, the Defendant issued a credit card sales slip by settling the amount of KRW 353,00 with the freight vehicle purchase card and immediately returning the difference between the actual sales proceeds to D, while allowing the victim viewing who believed that D would actually have limited the amount of KRW 353,00,00 to pay KRW 102,069 as a fuel subsidy, as well as D with D’s borrower of the freight vehicle and J freight vehicle, and sold it to D.
The Defendant, together with the aforementioned I and cargo borrowers, is equivalent to KRW 20,216,883 won over 216 times from January 11, 2015 to April 27, 2015, as described in the list of crimes in the attached Form, as described above.