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(영문) 인천지방법원 2018.01.12 2017고합577

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

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

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is the representative of the Marine Oil Transport Co., Ltd. E and F as the head of the G and H owned by the said company, and the Defendant, from October 26, 2013 to F, has been engaged in vessel fuel transport and oil supply work under the order of J (hereinafter “J”) that is the oil supplier of the I Co., Ltd. (hereinafter “I”).

1) Around January 6, 2016, the Defendant, along with F, loaded 60,00 liters of the victim’s cattle, mitt oil (MF380) 710,000 liters (MF380) in H and kept in custody for the victim, while he/she was working on the part of the victim, he/she supplied the said vessel at the port of Pyeongtaek-si located in Pyeongtaek-si and stored excessive air in the oil pipe and caused the gas to cause a loss, thereby interfering with the measurement of the quantity of oil supplied on the part of the vessel. On January 7, 2016, the Defendant left the ship without supplying 60,000 liters of the oil supplied on the part of the vessel. On the other hand, the Defendant, at the port of Pyeongtaek-si located in Pyeongtaek-si and left the ship at KRW 60,000,000 in the amount of oil supplied on the part of the vessel, left the ship at KRW 60,000,00.

In addition, the Defendant, in collusion with F, embezzled 768,00 liters total amounting to KRW 295,405,400, a total of 14 times from September 11, 2016, including the statement in the list of crimes in attached Table 1.

2) On January 14, 2016, the Defendant: (a) loaded mitts (MF380) 405,803 liters (MF380) in H and kept in custody for the victim in business by loading mitts (MF380) with the victim’s oil, which was entrusted by J at the shipping site of the I Daesan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) supplied the said vessel at the mar line No. 43, Jung-gu, Incheon, Jung-gu, Incheon; (c) left the said vessel with tax exemption of KRW 31,300,000,000 without supplying 10,000 liters at the time of a miter, Chungcheongnam-do; and (d) “A-9,000,000,000 liters in the Bridge, Incheon, which is located around January 15, 2016.”