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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From July 2013, the Defendant is a person who operated a mutual gas station with the trade name called “E gas station” in Daejeon Seo-gu, Daejeon.
In order for a large number of cargo borrowers visiting the gas station as above to provide a portion of the increase of the oil tax to a truck borrower for business in a local government, the Defendant shall make payments by using the oil purchase card for the amount calculated by adding approximately 20% to the above cargo borrowers, using the circumstance that he wishes to receive the "oil subsidy" that provides a certain amount per liter (at present, the amount calculated by subtracting the amount of 183.21 won per liter per liter from the current amount of oil tax) to the maximum amount, and then 90% of the amount calculated instead of the actual amount of oil oil, the Defendant shall be paid to the cargo borrowers in cash, and 10% of the remainder shall be paid to them as the fee.
1. From September 1, 2014 to December 31, 2014, the Defendant calculated an excessive amount of about 20% of the actual gas supply as seen above with the trucker F at the aforementioned E-owned station from around September 1, 2014, and returned 90% of the difference to F. Meanwhile, the Defendant received KRW 1,055,957 as a fuel subsidy from the Daejeon Metropolitan City of Daejeon, where F believed that the aforementioned excessive amount is equivalent to the amount actually calculated.
From September 1, 2014 to December 31, 2014, the Defendant, in collusion with 335 cargo owners, deceiving victims including Daejeon Metropolitan City (local governments having jurisdiction over the place of the registration of cargo vehicles) including Daejeon Metropolitan City, and received fuel subsidies equivalent to KRW 227,409,407 from the victims.
2. A credit card merchant in violation of the Specialized Credit Financial Business Act shall not make a transaction by credit cards or have another person do so on behalf of others by pretending the sale of goods or the provision of services, etc. or in excess
Nevertheless, the Defendant paid oil to F from September 1, 2014 to December 31, 2014.