The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The Defendant (De facto misunderstanding and misunderstanding of the legal principles) purchased oil sold by E with knowledge that it is illegal oil, and did a deceptive act, such as reporting the principal price, etc. to receive a fuel subsidy from the competent authority, or reporting false facts. There is no room for involvement of the Defendant, the borrower, in the process of granting a fuel subsidy.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

The suspension of sentence of a fine of one million won (the suspension of sentence of a fine) imposed by the court below on the defendant is too unhutiled and unfair.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion (the factual errors and misapprehension of the legal principles), it is reasonable to deem that the defendant had obtained pecuniary benefits equivalent to the fuel subsidy by deceiving the competent authority as if the defendant purchased the normal light oil eligible for the fuel subsidy. Therefore, the court below's judgment convicting the defendant of the facts charged in this case is just, and there is no error by misapprehending the legal principles or by misapprehending the legal principles

Therefore, the defendant's above assertion is not accepted.

① Of the former Regulations on the Management of Fuel Subsidies (amended by the Ministry of Land, Infrastructure and Transport Notice No. 2013-208, Apr. 26, 2013; hereinafter “Management Regulations”), the part related to the instant charges are as follows.

Article 6 (General Principles of Payment) In principle, the flexible subsidies shall be paid within the following limits:

4. They shall receive directly the kinds of oil that coincide with the vehicle fuel on the vehicle at the fixed facilities for gas stations or private oil stations;

5. Data evidencing the actual details of oil supply and the purchase of vehicles;