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1. The defendant A and B shall be punished by imprisonment for one year and six months, and the defendant B shall be punished by imprisonment for two years.
except that this judgment.
Reasons
Punishment of the crime
1. On the basis of the facts, Defendant A was the representative of the “G” station located in Pyeongtaek-siF from August 20, 2014, and Defendant B was the person who, from August 20, 2014, had been in charge of the overall affairs, such as sales management, customer management, employment of employees, inventory management, etc. as the complaint of the above station from August 20, 2014. Defendant C was the person who had been in charge of the above station from December 20, 2014.
From a large number of cargo owners visiting the above gas station, the Defendants received a proposal from each local government to pay a certain amount per 12 tons of cargo vehicle via transit (the amount obtained by subtracting from the present amount of oil tax less than 183.21 won per liter) to the maximum amount of 3,059 liter per month for the supply of the “oil supply subsidy” to the maximum extent possible, to receive the said “oil supply subsidy” from a large number of cargo owners visiting the gas station, and then to pay the false amount exceeding 15% of the amount stated in the sales slip, or to return in cash the difference between the amount of 15% of the amount stated in the sales slip and the actual amount of limited liability.
As above, the Defendants knowingly accepted the proposal with a view to obtaining fees equivalent to 15% of the aforementioned 15%, while attracting large-scale trucking vehicles, which are good customers, as well as obtaining large amounts of sales proceeds by attracting them to customers, even though they are aware that the said truck owner would receive illegal fuel subsidies.
2. On October 1, 2014, the Defendants conspired with the borrower of H cargo vehicle in collusion with the above “G gas station”, and, even if they did not own any transit on the said cargo vehicle, sell 327.13 liters via the market price equivalent to 5,10,000 won, the Defendants would pay 510,000 won via the new card (credit card number J) which is the cargo vehicle purchase card (credit card number J) presented by I.