A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is a gas station operating “D gas station” in Gwangju Mine-gu C.

In accordance with Article 43 of the Trucking Transport Business Act and the Subsidy Management Regulations (Public Notice No. 2015-265 of the Ministry of Land, Transport and Maritime Affairs No. 2015-265), local governments, such as the victim Gwangju North-gu, provide the borrower with a subsidy of KRW 345.54 per liter via the cargo as local taxes, etc., and provide one oil purchase card per truck to the cargo owner by specifying the cargo vehicle as a method for the simple and transparent payment procedure of the subsidy.

The Defendant, who is the customer of the gas station, was in possession of 21 cargo owners, such as E, F, G, H, I, J, K, L, M, P, P, Q, Q, R, T, U,V, W, X, and Y, in collusion with the cargo owners, in collusion with the vehicle owned by the cargo owners, which is not the cargo registered in the local government, and then used the oil purchase card to pay the amount of the subsidy by acquiring the amount of the subsidy or clearing the amount of the subsidy by using the oil purchase card as if the cargo had been registered as the truck with limited liability on the vehicle registered with the local government, and returning the difference to the borrower.

On February 24, 2015, the Defendant, in collusion with the borrower E of the ZCITRS Cargo, settled the amount of KRW 363,382,00 from D’s oil station using the oil purchase card as if it had been, and received KRW 100,50,00 for the benefit of care from the victim Mineyang-si.

However, in fact, the defendant and E were only passed through the above cargo amounting to KRW 321,382, and the remainder of KRW 42,000 was limited to the private car owned by E.

The Defendant and E, as above, conspired in collusion with the above, shall receive KRW 100,500,00 as a subsidy from the Mayang-si of the victim and receive KRW 100,50 from the Mayang-si of the victim, and by the same method as the subsidy around December 8, 2015.