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(영문) 인천지방법원 부천지원 2014.01.06 2013고합83

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

Defendant

A and C shall be sentenced to three years of imprisonment, and two years of imprisonment, respectively.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of A Co., Ltd. I (hereinafter referred to as “I”), the defendant C is the vice president of HJ Co., Ltd. (hereinafter referred to as “J”) and the defendant B is the chief management officer of JJ.

Defendant

A from October 2010 to December 2012 of the same year, from the Chinese company (K) entered into a contract (T/T method: T/T method, shipping method, method of delivery, and method of bill of lading necessary for shipping goods, although prior to payment for shipping goods, etc.) on credit under the name of the Chinese company (K) from October 201 to December 200, A entered into a transport contract with the said Chinese company (hereinafter “transporting company”) and requested the said Chinese company to store the said freezing in Korea.

As a result of the above contract, the Defendant A received a bill of lading and delivered it to the shipping company, and received a cargo delivery order (hereinafter referred to as “D/O”) from the shipping company and presented D/O to J, on the ground that he imported the freezing from the Chinese company on credit.

Therefore, the defendant C or B could not release the freezing, without D/O, in the course of its business being kept in custody after being deposited the freezing in accordance with the contract with the transportation company, and the defendant A could not request the release of the freezing increased without D/O.

Nevertheless, around November 8, 2010, Defendant A made a telephone conversation with Defendant B in Jung-gu, Incheon, Jung-gu, Seoul. Defendant A, “I will supplement D/O as soon as the price is deposited and pay for the storage of sealed warehouse.” Defendant B reported this to the same C, and then released the freezing to D/O without D/O in accordance with the direction of the same C.