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(영문) 부산지방법원 2015.01.30 2014고단4367
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who operates a ship agency business under the trade name of D Co., Ltd. in Busan Dong-gu C building 808.

1. On September 29, 2013, the Defendant: (a) received a request from the victim E’s representative director of the victim E company for the supply of oil at the aforementioned D office on September 29, 2013; (b) received a request from the Pena Jring Lu Fisher CO.; (c) requested the supply of transit for maritime use from Ltd; and (d) requested the victim E’s E representative director to supply oil.

However, the fact that the defendant had been operated at the time was the enemy, and even if he was paid oil from the Pena Jring Lu Fish CO. or Ltd, he was thought to be used for personal purposes, so even if he was provided with oil from the victim, he did not have any intention or ability to pay the oil.

The defendant had the victim supply 200 tons via maritime transit equivalent to USD 183,959.11 ($ 190 million) for the hours of the above 7 hours of the Republic of Korea at the port of Busan.

Accordingly, the defendant was given property by deceiving the victim.

2. 쳉공 78(CHENG GONG 78)호 관련 사기 피고인은 2013. 10. 23. 위 D 사무실에서 파나마 선적 쳉공 78호의 선주인 Cheng Gong Shipping HK Co., Ltd로부터 해상용경유의 공급을 의뢰를 받았고, 피해자 주식회사 E의 대표이사 F에게 유류 공급을 의뢰하였다.

However, the fact that the defendant had been operated at the time was the enemy, and even if he was paid oil from the Pena Jring Lu Fish CO. or Ltd, he was thought to be used for personal purposes, so even if he was provided with oil from the victim, he did not have any intention or ability to pay the oil.

피고인은 이에 속은 피해자로 하여금 부산항에 정박 중인 위 쳉공 78호에 시가 미화 103,300.97달러(약 1억 1,000만 원) 상당의 해상용 경유 30톤과 해상용 중유(MFO) 100톤을 공급하도록 하였다.

In this respect, the defendant deceivings the victim to take property.

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