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(영문) 인천지방법원 2018.01.12 2017고합526

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. C’s occupational embezzlement is the representative of D Co., Ltd., Ltd., and the Defendant is the head of E and F owned by the above company, and the Defendant has been engaged in vessel fuel transport and oil supply business according to the orders of H Co., Ltd. (hereinafter “H”) (hereinafter “G”), which is the oil supplier of G Co., Ltd. (hereinafter “G”), with C from October 26, 2013.

A. On January 6, 2016, the Defendant, along with C, loaded 60,00 liters (MF380) owned by the Victim G when he was entrusted by H to supply oil to J to F and kept in custody for the victim, while he was on duty at the port of Pyeongtaek-si in Pyeongtaek-si, where he oil was oiled to F and stored an excessive air in the oil pipe for the victim, thereby obstructing the measurement of the supply of oil on the part of the ship by putting the oil in the oil pipe, which caused the loss of the oil supplied to P and thereby obstructing the measurement of the supply of oil on the part of the ship. On January 7, 2016, the Defendant, along with C, left the ship without supplying 60,000 liters when he was mited with 60,000 liters of oil on the part of the ship. On January 7, 2016, the Defendant left the ship’s captain at the port of Seo-gu, Seo-gu, Incheon.

In addition, the Defendant embezzled the total amount of 768,00 liters from September 11, 2016 throughout 14 times in total, such as the statement in the list of crimes in Attached Table 1, in collusion with C, for a total of 295,405,00 won.

B. On January 14, 2016, the Defendant: (a) loaded the Victim’s U.S. oil oil (MF380) 405,803 mar oil (MF380) in F and kept in custody for the victim; (b) supplied the said vessel on the line of tin in Incheon Jung-gu No. 43, Jung-gu, Incheon; (c) left the vessel without supplying 100,000 mar oil equivalent to KRW 31,300,000 by the same method as described in paragraph (a); and (d) left the vessel without supplying 10,000 mar oil at the time of loading the vessel at the sea level of G Daesan-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (e) “A-9” in the Bridge located in the Bridge of Incheon on January 15, 2016.