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The judgment of the court below is reversed.
Defendants shall be punished by a fine of one million won.
The Defendants did not pay a fine.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and the Defendants did not know that the oil purchased from F is a fake petroleum product, and there was no active deception, such as reporting false facts to the competent authority in order to receive the fuel subsidy.
In addition, the amount of subsidy actually purchased is less than the amount of the main purchase, and the subsidy was less than the amount of the subsidy, and there was no intention of deception.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake.
B. The lower court’s sentence (one million won of fine) against the Defendants by the public prosecutor is too unhued and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the defendants A and C's assertion of mistake of facts can be sufficiently recognized, and the defendants' assertion against this is without merit.
(1) The Ministry of Land, Infrastructure and Transport publicly notified “Management Regulations for Trucking Fuel Subsidies” (hereinafter referred to as the “Management Regulations”) provides that a kind of oil that conforms to the vehicle fuel shall be paid to a vehicle in a fixed facility of the gas station or private oil station, and that a fuel subsidy shall be paid in compliance with the actual details of oil supply and the data proving the purchase of the vehicle’s fuel (Articles 6 subparag. 4 and 5). The Defendants who wish to receive a fuel subsidy for a truck must be fully aware of the aforementioned details.
② The Defendants agreed to be supplied with oil for KRW 1,630 per 1 liter from F. According to the credit card table, the Defendants settled the oil price and received the payment, the oil price was settled at a lower price of approximately KRW 100 per 1 liter, and the F is the same as the difference to the Defendants in order to preserve the difference in the unit price.