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(영문) 서울서부지방법원 2011.12.14 2010고단1788
물류정책기본법위반 등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Framework Act on Logistics Policies: (a) around July 2009, the Defendant: (b) requested a transportation company, including F, to transport the goods of the said E company over 11 times, and arranged the logistics of the imported and exported goods by requesting a transportation company, such as F, etc., to transport the goods of the said E company over 11 times from July 2009 to October 2009, without being registered with the competent authorities; (c) in relation to the transportation of the feed imported from Vietnam, including the cost of maritime transportation from the said company; and (d) requesting the carriage to F, in the name of the said company; and (e) engaging in international logistics mediation business by arranging the transportation of the imported and exported goods.

2. Occupational embezzlement;

A. On October 28, 2009, the Defendant: (a) sold the above feed to G by being entrusted with the sale of the victim’s company’s feed at the office of the foregoing D Co., Ltd. (the victim) by E Co., Ltd.; and (b) transferred the price of KRW 20 million to the above D Co., Ltd.’s account in the name of the Defendant’s operation to transfer the amount of KRW 20,000,000 to the Defendant’s account in the name of D Co., Ltd.; and (c) remitted the amount of KRW 18,00,000 to the victim company on October 29, 2009; and (d) embezzled it by refusing to return the remainder of KRW 2

B. Around November 27, 2009, at the same place, sold feed owned by the victim company G as above, and transferred the price of KRW 19,000,000 to the account in the name of the said company D and kept in custody for the victim company for the purpose of the victim company, then he embezzled the above amount of KRW 15,000,000 out of November 30, 2009 to the victim company and refused to return the remainder of KRW 4,00,000.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. The statements made by witnesses J and K in the second protocol of trial;

1. The prosecutor's protocol of interrogation of the accused (including K's statement)

1. Each police statement to K and J;

1. A written confirmation of account details for investigation reports;

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