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(영문) 인천지방법원 2017.12.14 2017고단7511
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the deck of D (429 tons) oil carriers belonging to the “C” marine oil transport business chain, and has been engaged in vessel fuel transport and oil supply business according to a contract with the (ju) oil supplier of E Co., Ltd. (hereinafter “C”).

On November 23, 2016, the Defendant: (a) loaded miter 700,000 litres (MF380) owned by the Victim E Co., Ltd. on D and kept in custody for the victim company for the sake of the victim company after being entrusted with supplying 'G' from (ju) LS terminal located in Pyeongtaek-si PS terminal; (b) from around 13:25 of the same day to around 19:10 on the same day, the Defendant oiled to the above vessel on the 4 line of Pyeongtaek-si Hyundai-si, while oiling to the above vessel at around 19:10 on the 4 line of Pyeongtaek-si, caused heavy air to put the oil pipe, thereby interfering with the measurement of the quantity of oil supplied on the part of the vessel; and (c) supplied the captain of the vessel with 8,695,400 mit 20,000 litres and left the vessel at around 15,201.

In addition, from that time until December 7, 2016, the Defendant embezzled a total of 71,000 liters of 32,306,760 won in total, a total of 32,306,760 won, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to K, J or L;

1. Each police statement in relation to K, J, L, M, N,O, and P;

1. A protocol of seizure and a list of seizure;

1. A contract for oil supply service of a ship, a contract for oil tanker voyage charter, a business registration certificate, a certificate registered wholly, a certificate of registered matters, a D oil registry, a D voyage, a certificate of ship inspection, a certificate of registration of marine cargo transportation business, a certificate of ship's nationality, and a list

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommended sentences] Class 1 of the Criminal Act (the amount below 100 million won).

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