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(영문) 부산지방법원 2018.06.27 2017고단4686

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A From June 2015, from around 2015, as the captain of G, which is a ship carrying 5,600 tons of petrochemicals owned by the victim A, Inc., the victim A from around 5,600 tons, Defendant B has worked as the captain of the above ship, H, 1g, I, 1 deck, and 2 decks.

1. On October 22, 2016, the Defendants shipped 7,522 tons (8,872,00 liters) of duty-free transit (hereinafter “instant transit”) for the vessel owned by the victim at the port of the male water between South and North, the Defendants left the port to export it to the high seas near the Republic of China (KEL UNG and TAIWN).

On November 2016, Defendants A, who were in custody for the victim, was trying to sell the transit oil for the ship loaded at will on the high seas, and Defendant B consented to the sale details at the engine where a part of the sales amount is to be reduced, and Defendant A instructed H, I, and J that “A intends to sell the transit oil at will on the high seas, and did not enter the matters related to the sales details on the deck,” in order, Defendant A instructed H, I, and J to sell the transit oil at will on the high seas.”

Since then, around 22:00 on the lower order of November 2016, the Defendants: (a) in contact with a Chinese vessel, the name of which was unknown, and (b) 56 tons of light oil for the vessel, which was shipped on board the vessel at USD 7,500, were harmful to the vessel through the oil stop.

2. On December 6, 2016, the Defendants: (a) loaded the instant transit 7,149 tons (8,432,000 liter) owned by the victim on the instant vessel; (b) departed from the Republic of Korea to export the said vessel to the high seas near the Republic of China’s Republic of China’s Republic of China’s Republic of China (KEL UNG, TAIWN).

The Defendants, as seen above, were in custody for the victim, were engaged in the business of transporting the light oil for a vessel, and were in the order with H, I, and J in the same manner as stated in paragraph 1 of the Police Officers in December 2016, and part of the transit transit of this case.