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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
[Criminal Records] Defendant B shall have a criminal record on 10 December 2012
5. The Seoul Central District Court sentenced one year of imprisonment for a violation of the Petroleum and Petroleum Substitute Fuel Business Act, etc., and completed the execution of the sentence on March 18, 2013.
[2] Defendant B is a person who actually operated a gas station in D during the period from April 24, 2014 to January 31, 2015. Defendant A is a person who actually operated the gas station in question from February 1, 2015 to February 1, 2015. Defendant B, as a truck driver, is a truck driver, who has used the oil station in question via a cargo welfare card and received a oil payment.
Since 201, the government has implemented a subsidy system for trucking oil consumption which provides truck drivers with a reduction of the burden of the truck driver in whole or in part of the increase of the oil tax due to the restructuring of energy tax system. The fuel price subsidy for a business truck using light oil as fuel is provided from 683 liter of vehicles to 4,308 liter of vehicles exceeding 1 ton from 683 liter of vehicles to 12 tons on the basis of the maximum amount of monthly discretion, and the unit price for oil supply within the monthly amount of the truck for business use is provided with 345 liter of light oil.
On the other hand, Defendant B and Defendant A conspired with each other to receive the aforementioned FF and 22 others at each time at which the crime inundation table (1), (2), and (3) were committed.
1. On May 7, 2014, Defendant B settled KRW 310,000 with the Cargo Welfare Card in the F’s name, as Defendant B, as if he had the transit of an amount equivalent to KRW 310,000 from the cargo vehicle in Incheon G 7.3 tons operated by the said F ton of freight in the oil station.
However, the facts are not limited to 310,000 won, but only through 260,000 won, and the difference is returned in cash.