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(영문) 광주지방법원 순천지원 2014.12.12 2013고단268
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On July 20, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Daegu District Court on July 20, 2012, and the said judgment became final and conclusive on July 28, 2012.

【Criminal Facts】

The Defendant is a person who operates a gas station with the trade name of G gas station in the Gu-nam Military F.

H Agricultural Cooperatives (hereinafter “HF”) entered into a contract for oil purchase to supply duty-free petroleum to a farmer designated as a user of duty-free petroleum, with a similar I and NA branch oil handling places affiliated with HF, or with a duty-free petroleum farmer who supplies the oil to the oil tank to the oil tank, and I directly supply the petroleum required by HF under the above contract to the Agricultural Cooperative and the local farmers. However, the G gas station operated by the Defendant for street and storage reasons, and the “contract for storage of petroleum products” was entered into with the content of transporting the petroleum to 20 won per liter.

Pursuant to the above contract, if a facility low-income farmer makes payment from each HF branch to the degree of tax exemption required by the purchase card, he/she shall notify the farmer and the shipper to be delivered to the GF branch of HF to the GF branch of the quantity of tax exemption transit by wire, and the Defendant shall, as notified, load the transit to the GF branch and transport it to the oil tank for the designated farmer's facilities.

The Defendant supplied the transit of tax exemption to the farming household, sold it through taxation transit by partially deducting the transit of tax exemption, and added it instead, left about 300 won per liter (e.g., heavy transit price - heavy oil price), and the farmers do not accurately distinguish the transit by mixing it with pure transit and oil. As above, the Defendant attempted to bring about the profits of selling it in the market by reducing part of the transit of tax exemption transit by mixing it with light.

1. A defendant who violates the Petroleum and Petroleum Substitute Fuel Business Act shall be punished on November 201.

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