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(영문) 의정부지방법원 2018.12.20 2018고단3031
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

Punishment of the crime

B Co., Ltd. (hereinafter referred to as “victim”) is a company entrusted with the storage of transit and field oil purchased from D as the injured party.

From March 2012, the Defendant entered into a transit service contract with B Co., Ltd. from around March 2012 and continued to take full charge of the duties that are harmful to machinery, etc. on the day or the following day after shipping the Defendant’s petroleum transport vehicle to the Defendant’s petroleum transport vehicle at the B Co., Ltd. storage place (year office) located in Gyeonggicheon-gun E on the condition of receiving the fixed transport service cost each month.

On January 1, 2014, the Defendant neglected the supervision and supervision of the foregoing annual business office, and neglected the Defendant’s request, and used the fact that the Defendant shipped light oil according to the quantity requested by the Defendant and does not properly comparison with the field flow of the damaged company, the Defendant did not neglect the transit to keep it in custody for the purpose of transporting the damaged company, by continuously receiving passage more than the actual expected delivery quantity from the Company B, and selling the excess arbitrarily, by arbitrarily selling it.

Accordingly, on January 2, 2014, the Defendant received a shipment of 3,100 liters stored in the storage tank from the employees F of the Company B at the above annual business office, and transported and distributes it to the scene of the damaged company only 2,392 liter on the same day, and sells and embezzled the remainder to any equipment business operator around that time.

In addition, the Defendant, from that time until December 31, 2016, received a total of 3,736,718 liters via the above annual place of business from the time to December 31, 2016, and delivered 3,506,316 liters only, and 230,402 liters (the market price estimated 300,312,915 liters) arbitrarily sell the remainder of the excessive shipment to the members of the Gyeonggicheon-gun Group, Gyeonggicheon-gun, Inc. at a lower price than the market price, thereby selling them at a lower price than the market price.

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