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(영문) 의정부지방법원 2014.09.24 2014고단2696
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant was engaged in the petroleum storage business from around September 21, 2006 to around September 21, 2012, with the trade name “D” in Gangwon-gun, Gangwon-gun, and was willing to arbitrarily dispose of petroleum under custody, which was entrusted by the transaction partner from around 2012 due to the difficulties in operating the said company, and to acquire money by deceiving the other party.

1. The same year from August 28, 2012, where the Defendant disposed of petroleum at will, thereby occupational embezzlement, is the Defendant.

9. By December 21, 200, the above “D” arbitrarily disposed of petroleum equivalent to KRW 83,736,400 of the market price, which was in custody in the storage tank in the above place of business, which was entrusted by the victim E, in the storage tank in the above place of business.

The defendant, including this, from January 2012, the same year

9. By December 21, 200, as shown in the annexed Table 1, the victim E, F, the same G, and the market price of 218,736,400 won in total, which was in business custody entrusted by the same H, was disposed of at will, 140,660 liters (e.g., transit 85,310 liters, 55,350 liters).

Accordingly, the defendant embezzled the property of the victims who were in custody in the course of their business.

2. Around September 15, 2012, the Defendant, by failing to return the balance of petroleum sales proceeds, voluntarily consumed the remainder of KRW 936,00,000, which remains after purchasing petroleum from the victim F as the petroleum purchase price, for the victim’s occupational storage, even though he/she received a request for return from the victim, in spite of the victim’s demand for return.

The Defendant, including this, voluntarily consumed KRW 1,785,000 in total of the balance of petroleum purchase price of KRW 849,00,000, which was received from the victim H as shown in the attached Table 2.

Accordingly, the defendant embezzled the property of the victims who were in custody in the course of their business.

3. The criminal defendant against the victim G is guilty from the above “D” around September 19, 2012 to the victim G.

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