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(영문) 광주지방법원 순천지원 2013.06.14 2013고단271
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a gas station with the trade name of E in the Gu, Jeonnam-gun D.

In order to supply duty-free petroleum to a farmer designated as a user of duty-free petroleum, the former Agricultural Cooperatives (hereinafter referred to as the “former Agricultural Cooperatives”) entered into a contract for the purchase and supply of system petroleum with the GSknex Co., Ltd. (hereinafter referred to as “GSknex”) and the branch oil handling places affiliated with the agricultural cooperatives or the agriculture using duty-free petroleum supplied the oil to the oil tank. GSknex entered into a contract for storage and transportation of oil for 15 won per e and liter operated by the Defendant on the grounds of street and storage.

In accordance with the above contract, if a FF farmer's farmer makes payment to the extent necessary for the purchase card of tax-free transit at each of the NAF branch offices in the old agricultural community, he/she shall notify the farmer's and the quantity of tax-free transit to be delivered to E by wire, and the defendant shall, in so notified, carry the duty-free transit into the FF oil tank of the designated farmer and transport it to the amount notified.

The Defendant supplied the transit transit for tax exemption to the farm, sold it through taxation transit by partially deducting the transit for tax exemption, and put it into the transit instead, left about 300 won per liter's profits (e.g., transit price - transit price) equivalent to 300 won per liter's profits, and farmers cannot accurately distinguish the transit transit by mixing it with pure transit and light oil. As above, the Defendant supplied the transit transit for tax exemption, supplied a mixture of light oil while mixing it with others, and let them deducted part of the transit for tax exemption to the extent that it is mixed.

1. On December 7, 201, the Defendant violated the Petroleum and Petroleum Substitute Fuel Business Act: (a) around E around December 7, 201, the Defendant supplied F farmers G with duty-free transit 2,00-liter supply 2,00-liter supply from the orders of F Farmers G; (b) the Defendant, in the tank glass vehicle with duty-free transit and light oil together; and (c) the Defendant supplied CF storage tank in transit.

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