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Defendant
A 6 months of imprisonment with prison labor for each of the crimes listed in paragraphs 1, 3-A, 1, 2-1, 3-A, 2) and (b) 2 of the Decision;
Reasons
Punishment of the crime
[criminal record] On October 23, 2014, Defendant A was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. in the Gwangju District Court’s Macheon Branch, and the judgment became final and conclusive on October 31, 2014.
[2] Defendant A, through joint investment with B around January 21, 2010, established R and G Co., Ltd. (hereinafter “G”) operating the said company from that time until November 5, 2014.
After that, Defendant A decided to settle the partnership relationship on August 6, 2014, retired from the office of the representative of the above company and operated S with Defendant E with the trade name called T. B as the representative of G around November 6, 2016 and operated R together with Defendant C and D.
Defendant
C From October 31, 2014, while serving as a unregistered director of G from around October 31, 2014, G operated R upon delegation from B to the entire work of G.
Defendant
D is a nominal representative of G from August 19, 2014, who was appointed as a secretary of R from around 2010, and from around August 19, 2014.
Defendant
E From October 2013 to August 17, 2015, Defendant F served as the head of each S’s business from August 20, 2015 to February 25, 2016, and U from February 26, 2016 to June 26, 2016.
1. Defendant A, or D
A. The Defendants: (a) received the order of V Co., Ltd. (hereinafter “V”) to sell the remaining oil to W, a petroleum retailer, when supplying the oil to a foreign vessel, etc. using a sudden excursion ship R.
The written indictment states that the Defendants did not supply part of the oil to foreign ships, etc. and disposed of it. However, the evidence submitted by the prosecutor alone that the Defendants provided only part of the oil intentionally.
It is judged that recognition is insufficient.
Therefore, the contents of the facts charged are corrected as stated in its ruling to the extent that it does not harm the identity of the facts charged and impedes the defendants' exercise of their right to defense.
(hereinafter the same shall apply)
Defendants on March 18, 2014