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(영문) 전주지방법원 군산지원 2018.09.13 2018고합49
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On May 17, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a crime of violation of the Punishment of Tax Evaders Act in the Gunsan Branch of the Jeonju District Court, and such judgment became final and conclusive on October 7, 2016.

[2] The defendant's indictment from the first policeman of July 2005 to the first policeman of March 2007, and from February 2007 to May 2007, the defendant stated to the effect that he operated the above C C C C C oil station and the above E oil station. However, according to the evidence duly adopted and investigated by the court, the defendant operated the above C oil station from the first policeman of July 2005 to the first policeman of March 2007 to the first policeman of March 2007, and even if recognized as such, it does not seem to have any substantial disadvantage to the defendant's defense right, the criminal facts are corrected ex officio.

As a result, in the actual operation of the E gas station in Kim Jong-si, the victim FF association (hereinafter “victim association”) and the fishery-free oil supply contract were concluded. G worked as an employee at the above gas station and took charge of the overall operation of the above gas station. H worked as a tank engineer and a warden who drives the oil transport vehicle at the above gas station.

Defendant, G, and H, while having been in custody of duty-free oil entrusted by the Victim Cooperative to be supplied only for the fishery use of the fishermen, purchased a written order for release issued by the Victim Cooperative, and then deducted tax-free oil equivalent to the quantity specified in the relevant written order for release order from the fishermen and supplied them at a low price rather than to the general oil in the general oil station, and embezzled duty-free oil by submitting the collected written order for release and the pre-delivery slip to the fishermen for the fishery use, as if they were normally supplied for the fishery use to the fishermen.

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