beta
(영문) 수원지방법원 안양지원 2017.06.08 2016고단1037

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating D, a marine transportation brokerage company, in Seoul Special Metropolitan City building B B in Seoul Special Metropolitan City, and D, from around 2000, has entered into a transportation brokerage contract with E and a transportation brokerage contract with the damaged party, and has been engaged in transportation brokerage for the exported goods, such as the Stes lecture, entrusted with transportation by the injured party.

1. On September 21, 2015, the Defendant: (a) was entrusted with transportation from the victim E Co., Ltd. to 3,60,000,000 won at the above D office; (b) was shipped to the G vessel of the transportation chain F; and (c) received a bill of lading from the above F; and (d) the Defendant received the bill of lading from the said F to keep the said cargo in custody for the victim.

However, on October 15, 2015, the Defendant embezzled the above cargo by denying the delivery of the bill of lading issued as above, even though the victim did not comply with the demand for the increase of the transport arrangement price, even though the victim received all the agreed payment from the injured party, on November 27, 2015, on the ground that the above cargo arrived at the port of the U.S. pentanis, the destination of which is the U.S. Subdivision, and thereby, by denying the delivery of the bill of lading issued as above.

2. Occupational breach of trust is a person to whom the transportation of cargo is delegated under a transportation arrangement contract concluded between the victim and the victim, and the defendant bears the duty to handle the transportation of cargo with the care of a good manager in accordance with the victim’s instruction.

On October 7, 2015, the Defendant received USD 6,176.63 from the injured party on November 16, 2015, freight freight of USD 4,262.89, excluding one’s own remuneration, from the above F, to the above F, a carrier, and received a bill of lading (T/L) and the consignee was obligated to cooperate in delivery of cargo.

Nevertheless, the defendant violated his duties and around December 14, 2015, and even though the above cargo arrives at the port of the United States Subdivision, the defendant 4,262.