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(영문) 광주지방법원 순천지원 2017.12.14 2017고합35
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A, B, C, D, E, F, and H Imprisonment with prison labor for each year and six months, Defendant G, and C, Inc. for each fine of KRW 3,00,000,000.

Reasons

Punishment of the crime

1. Defendant A and B

A. Defendant A is the representative of X that operates W, a milked ship, and Defendant B is the head of the above company.

In order for foreign vessels to supply oil from their oil agents, victims GSk Tex, SK Energy Co., Ltd. (hereinafter “GS K Energy Co., Ltd.” and “SK Energy Co., Ltd.”), which are oil agents, ordered the transport of oil to the same kind of oil, and the Defendants have been in charge of the business of re-entrusted the transport of oil from the above oil agents, and the Defendants have been in charge of the operation of oil-driven vessels whose charter contract has been concluded with the above oil agents.

According to the entrustment of these duties, the Defendants: (a) laid oil remaining while transporting oil to a foreign vessel using the above-class excursion ship; (b) laid the unregistered petroleum retailer, Y, and Z.

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)

The Defendants, at around March 31, 2014, resisted with the order of the Victim GS Tech, using the above funded vessel in light of the order of the Victim GS Tech, and transported back to the Z with a commercial 18,00 liters owned by the Victim GS Tech (the market price is 17,640,000 won per liter, and 980 won per liter) over a total of 85 times from that time until July 5, 2016, and sold it to the Z.

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