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(영문) 부산지방법원 2018.09.07 2018고합25
업무상배임등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On February 28, 2018, Defendant A was sentenced to two years of suspended execution for the crime of embezzlement at the Busan District Court on July 27, 2018 and the judgment became final and conclusive on July 27, 2018.

[2] Defendant A is the representative director of D (hereinafter “D”) who is the oil supplier of the ship located in Busan Jung-gu International Building 301, and the person who actually operates K (hereinafter “K”) who is the oil supplier of the ship located in J 611 B in Busan Jung-gu. Defendant B is the representative director under the name of the above K, and the person who supplies oil to the ship by operating L, M, and N, a oil supplier belonging to the above D and K under the direction of Defendant A.

1. Defendant A and Defendant B supplied oil to the vessel by operating a Class-sized excursion ship L, M, and N belonging to D and K. Defendant A supplied a quantity less than the actual amount of oil promised to be supplied by using a double lake installed on a Class-line excursion ship, and ordered Defendant B to pay part of the amount equivalent to the difference to the captain or the chief engineer of the relevant vessel. Defendant B supplied a quantity less than the actual contract amount by manipulating a double lake installed on a Class-line excursion ship according to this direction, and the captain (O), the captain, Q, and R) or the chief (P, Q, and R) of the relevant vessel charged a certain amount of money in sequence to receive a certain amount of money in return for implied payment.

A. As the head of U (DIR 3,00 tons) who is the pump dredging line belonging to T&A of the company taking aggregate from among the water areas in Defendant A, Defendant B, and P, the joint crime P is one of the occupational duties to confirm whether the amount of oil equal to the amount actually contracted for the victim T&A is supplied normally.

Nevertheless, P, around 09:00 on November 6, 2013, at the sea near the construction site of Jindo-si, Jindo-si, Jindo-si (MGO) on the sea near the construction site of Jindo-si, J, the market price of which is 7,40,000,000 won (MGO) for vessel transit (MGO) and the market price of which is 138,60,000 won.

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