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(영문) 서울북부지방법원 2020.07.22 2020고단789
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On April 10, 2020, the Defendant was sentenced to two years of suspended execution for a period of eight months in the Seoul Northern District Court for fraud, and the judgment became final and conclusive on April 18, 2020.

【Criminal Fact-finding Company B” is a company that carries on the business by purchasing and supplying petroleum products ordered by customers, such as gas stations, in C, and the Defendant has been engaged in the business of selling and receiving oil in the business of selling and receiving oil from May 29, 2017 to December 10, 2018.

1. Around March 23, 2018, the Defendant: (a) obtained from the Friju station operated by E in P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at the market price of KRW 2,280,00 of the market price as the fuel price;

2. The Defendant in occupational breach of trust, upon receiving an order from the customer, has caused the customer to deposit the price into the designated virtual account, and has dealt with the business by purchasing petroleum products equivalent to the price in C and supplying them to the customer.

The Defendant had the customer pay the price to another account designated by the Defendant rather than the designated virtual account, and had the victim company buy petroleum products equivalent to the price in C and supply it to the customer.

G around March 28, 2018, the Defendant, at the victim company office located in Dongdaemun-gu Seoul Metropolitan Government H, ordered G Co., Ltd. to 40,000 liters, and general gasoline 20,000 liters around the 30th day of the same month.

In such a case, the defendant has a duty to have G Co., Ltd. deposit the price into the designated virtual account, and purchase the oil equivalent to the price from C to supply it to G Co., Ltd.

Nevertheless, the defendant.

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