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(영문) 광주지방법원 해남지원 2017.01.12 2016고단276
업무상배임등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants are those engaged in the handling of tax-free fishing in the International Fisheries Cooperatives J oil station located in the Namdo Hado-si, Namdo-si.

When the Defendants supplied fishermen with duty-free oil, they should supply fishermen with tax-free oil converted according to the “Guidelines for Oil Supply Business” by the Suhyup Federation’s “Guidelines for Oil Supply Business” (oil 15°C). Since the temperature increases on the basis of 15°C, the volume of the oil can be reduced as the temperature increases and the temperature lowers, the Defendants produced and distributed the above illumination at the Fisheries Cooperatives Federation to pay tax-free oil at the oil stations. The Defendants used that it is impossible to confirm after the temperature of the oil storage tank, which was input when supplying duty-free oil, was supplied less duty-free oil than the actual temperature to fishermen by input tax-free oil and left part of the duty-free oil, and then failed to issue a delivery order to fishermen who did not confirm the delivery order or entered the actual purchase quantity in the delivery order into the oil storage order, and sold tax-free oil in a way less than the above personal way.

On July 31, 2012, the Defendants supplied 800 litresponding L of the fishing vessel K with free tax exemption via the aforementioned method, and received 721,640 litresponding money, and stored for the victim I fishery cooperatives, the Defendants returned 360,82 million won as stated in the delivery order to the victim, and used 360,820 won for personal use around that time.

As a result, the Defendants conspired to use 15,280,540 won in a total of 49 times during the period from May 31 to May 31, 2016, and embezzled the property of the victim at will.

Summary of Evidence

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