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(영문) 광주지방법원 순천지원 2018.04.12 2016고단2698
업무상횡령등
Text

[Defendant A, B, C, and G] Defendant A and C shall be punished by imprisonment with prison labor for six months, Defendant B, and G, respectively.

(b).

Reasons

Punishment of the crime

"2016 Highest 2698"

1. Defendant A is a K representative operating an excursion shipJ.

A. The Defendant: (a) received an order of L, which is an agent of static oil, transported oil to a foreign vessel, etc. using the above feeder excursion ship; (b) left without supplying a part of the oil; and (c) sold it to Ma, who is a petroleum retailer.

On May 19, 2016, the Defendant: (a) pursuant to the order of L L at the port between the South and North Korea (ju) and (b) pursuant to the order of L on May 19, 2016, the Defendant: (b) pursuant to the order of L, the victim who was on duty and was in the military storage of the non-foreign vessel was not supplied with 18,200 liters for the vessel (20,566,000 won per liter; 520 won per liter); (c) sea ordinary miter C’s 8,000 liters (market 4,160,000 won per liter; 1,130 won per liter) and sold it to M; and (d) pursuant to the annexed crime schedule 1 (J) until July 7, 2016, the Defendant agreed to 13 times in total with the market price of 140,400,000 won for the vessel and 10,000 liters for the vessel.

Accordingly, the defendant embezzled the property of the victim while on duty.

(b) A person who intends to operate a petroleum sales business in violation of the petroleum and alternative fuel business shall file for the registration of the petroleum sales business with the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Environment of Trade, Industry and Energy;

Nevertheless, on May 19, 2016, the Defendant, without registering petroleum sales business, sold 18,20 liter C 8,000 liters to M in total amount of KRW 1,08,00,00 from July 7, 2016 to M in total amount of KRW 148,040,000, in total amount of KRW 20,566,000 of the market value of the goods purchased through J, as well as KRW 18,200,00 in total amount of KRW 4,160,000 in the market value of KRW 4,00,000.

Accordingly, the Defendant carried on unregistered petroleum sales business.

2. Defendant B A.

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