A defendant shall be punished by imprisonment for one year.

2,00 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Punishment of the crime

[2013Gohap265] Although the Defendant was prosecuted as a co-principal for each of the facts charged in this part, it is difficult to view that the Defendant is liable as a co-principal in light of the Defendant’s behavior attitude and degree, the Defendant’s role and position related to the operation of each of the gas stations in this case.

However, in a case where a court recognizes a minor criminal facts that are prosecuted within the scope that the identity of the facts charged is recognized, if it does not give substantial disadvantage to the defendant's defense, it can recognize a minor criminal facts without a modification of an indictment. Thus, it can be recognized as aiding and abetting the criminal facts that are prosecuted as a co-principal.

(See Supreme Court Decision 2012Do2628 Decided June 28, 2012, etc.) In light of the trial process, etc. of the instant case, even if each of the facts charged against the Defendant, which was prosecuted as a co-principal, is acknowledged as an aiding and abetting offender ex officio without changing the indictment, the criminal facts are recognized by deeming that there is no risk of causing substantial disadvantages to the Defendant’s defense.

1. Each position and role G of major related persons made pseudo petroleum products to manufacture pseudo petroleum products and supply pseudo petroleum products to a single oil station in the Seoul Metropolitan Area including H, and arrange for a secret open storage tank equipment operator, double storage tank equipment operator, and false tax invoices distribution data for concealing purchase of pseudo petroleum respectively, and manage pseudo petroleum products manufacturing and distribution teams.

H as the actual president of the relevant five stations, including the “J gas station” located in Bupyeong-gu Incheon, Seoul Gwangjin-gu, the “L gas station” located in K, the “N gas station” located in the Nam-gu Incheon Metropolitan City, the “N gas station” located in the Nam-gu, Incheon Bupyeong-gu, the “P gas station” located in the office of Bupyeong-gu, Incheon, and the “R gas station” located in the Kimpo-si Q.

S from April 2009, from J Gas station to J Gas station as its prompt term president in accordance with H’s direction.