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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
The Defendant is the representative director of C (hereinafter referred to as “C”).
1. On January 4, 2015, the Defendant filed a request for the supply price of “MDO (Sea transit)” 14 principal of “MDO” with E, an employee of the victim Geumjin Shipping Co., Ltd. at the Jung-gu Office located in Busan, Jung-gu, Busan, for the replacement of “MDO” with the victim’s vessels belonging to the victim company, and filed a request for the delivery of “MGO (SY)” 14 principal of “MGO” with “MGO (SY) oil” mixed with “MGO oil” to the victim’s vessels affiliated with the victim company at the port of mooring outside the port located in Busan, Young-do, Busan.
Afterward, the Defendant received 15,021,930 won as the price for supply of oil from a new bank account in the name of C from the victim company through the victim company-related parties, such as E, etc., and received a total of 598,121,425 won from around that time to December 30, 2015, including the remittance of 15,021,930 won as the price for supply of oil, from around December 30, 2015.
As a result, the Defendant was informed of the victim company's related persons, including E, and received property from the victim company.
2. On January 4, 2015, the Defendant: (a) requested from the employees E of the Geumjin Shipping Co., Ltd., Ltd., an employee E that is entrusted with the management of the victim Daeho Shipping Co., Ltd. to supply “MDO” to the victim’s ship; and (b) filed a claim for the supply price as if the victim’s ship, which is anchored in the port south, etc. located in the city of Busan, was supplied with “MGO (SO)” to the victim’s ship at anchor in the port south, etc. located in the city of Busan, by mixing “MGO (SO)” with “MGO (SO).
After that, the defendant is 8,583,960 won for the supply price of oil from the victim company to the new bank account in the name of C through E, etc.