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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
Defendant
A is a person who engages in the business with D (Death on March 2, 2017) and operates a mutual cargo transportation company with the trade name of "M" by entering the remaining four cargo cars (I, J, K, and L) into the Korea Transportation Corporation located in each city with three cargo cars (F, G, and H) from among the seven cargo cars registered as D, E, and D, and Defendant B is a person who operates the "O gas station" from OO gas station in Osan City.
On the other hand, each local government has provided a fixed amount of pay subsidy when a truck registered with the relevant local government uses automobile tax imposed pursuant to the local tax law as a source for driving oil. From January 2012, the Ministry of Transport and Maritime Affairs has been delegated by the Trucking Transport Business Act and has provided a 345.54 won pay subsidy per liter in accordance with the "Regulations on the Management of Subsidies" publicly notified by the Ministry of Land, Transport and Maritime Affairs. The Defendants and D conspired to receive the said MO from the said OO oil station around February 2012 to pay the payment card by releasing the flow of fuel oil for the cargo vehicles owned by the said M at OO oil stations.
Accordingly, around February 2012, Defendant A and D found in the above O gas station and paid light oil price of approximately KRW 4,492 litresponding from the actual system by M’s oil purchase card. Defendant B received the total amount of light oil price from the card company that issued the oil purchase card, and then transferred KRW 8,087,000 to Defendant A’s account on March 12, 2012, and returned the said light price to Defendant A. On the basis of the above false settlement details, Defendant A and D demanded the payment of light oil price on the basis of the above false settlement details. After receiving approximately KRW 1,552,165 won in total at the time of Seoul Guro-gu and the victim state, Defendant B and D claimed payment to M. The above Defendants and D claimed payment of light oil price of KRW 1,52,165 on the basis of the above false settlement details. Ultimately, Defendants 1,52.2.