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(영문) 서울고등법원 2014.07.04 2014노251
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The judgment below

Among the parts concerning Defendant B and Defendant A and Defendant C’s acquittal for reasons.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that Defendant A is the representative director of Company I (hereinafter “I”) mainly engaged in the import of freezings in a foreign country, Defendant C is the vice president of the warehouse chain J Co., Ltd. (hereinafter “J”) and Defendant B is the chief managing director of the J.

Defendant

A from October 2010 to December 2012 of the same year, from the Chinese company (K) entered into a contract (T/T method: T/T method; the method of shipping prior to payment, but for shipping goods, a bill of lading is required for shipping goods) on credit under the name of the Chinese company (K) from October 201 to December 30 of the same year, A entered into a contract with the said Chinese company for shipping goods (hereinafter “transporting company”) and requested the said Chinese company to keep the said freezing in Korea.

As the above contract was imported from Chinese enterprises on credit, Defendant A was able to take out the freezings in accordance with the cargo delivery order by receiving a bill of lading and delivering it to the shipping company after paying the freezings on credit. Defendant A received a cargo delivery order from the shipping company and presented a cargo delivery order to J.

Therefore, Defendant C or B was in custody of the freezing in accordance with the contract with the shipping company and was in custody for business purposes, and the freezing is not allowed without the cargo delivery order, and Defendant A could not request the cargo delivery without the cargo delivery order.

Nevertheless, around November 8, 2010, Defendant A made a telephone conversation with Defendant B in Jung-gu, Jung-gu, Incheon Metropolitan City L, and Defendant B called “I will supplement the cargo delivery order as soon as the cargo delivery order is deposited and refund the cargo storage charge for the sealed storage.” Defendant B made a telephone conversation with Defendant B at the Jung-gu, Incheon.

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