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(영문) 창원지방법원 통영지원 2013.05.07 2012고단1017
업무상횡령등
Text

Defendant

A Imprisonment for three years, for two years, for two years, for two years, and for two years and six months, for each of the defendants C.

Reasons

Punishment of the crime

Defendant

A is a person who has worked as a oil delivery source in the J of the operation of the I in Tong Young-si, and the defendant B was a person who has worked as a fuel source in the L Co., Ltd. production support team equipment operation set in Tong Young-si, and the defendant C was a person who operated the N gas station in Ma at the time of macro-si.

1. Defendant A and Defendant B, while carrying out the duties of delivering oil supplied to L Co., Ltd., Defendant A and Defendant B, were willing to sell part of the delivered oil in other places, and offered a proposal to Defendant B to divide the sales proceeds of oil.

On October 4, 2010, the Defendants jointly carried 15,000 liter oil supplied by J to L Co., Ltd. on the delivery vehicle and sold 1,000 liter price of the said oil to C in a road near P Elementary School located in Gyeong-si, Gyeongnam-si, and in the course of business storage for the victim I, the Defendants sold 1,00 liter price of the said oil to C.

In addition, the Defendants jointly sold and embezzled the amount of oil equivalent to KRW 388,185,00 of the market price over 344 times from around that time to March 10, 2012, such as the list of crimes (1) in attached Table 34 times.

B. Around October 4, 2010, the Defendants jointly prepared a gas charging table with a false content as if they were in a normal state of oil, even though they provided less than a total of 1,000 liters per equipment with less than a total of 5 liters per equipment, and then submit it to the person in charge of settlement of oil payments of the victim L company, and the above settlement officer should pay the amount of KRW 1,050,000 (1,000 x 1,050 won per 1 liter) to the J president.

In addition, the Defendants jointly share this to March 10, 2012, as shown in the list of offenses (2) between such time and March 10, 2012, the Defendants are in charge of settlement of the victim L corporation.

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