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(영문) 인천지방법원 2018.02.08 2017고단7464
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is the owner and navigation agent of E (148 tons) who is the carrier of petroleum products belonging to the above company as a representative interest in the marine cargo transportation chain “D”. From June 1, 2015, the Defendant has been engaged in the vessel fuel transport and oil supply business in accordance with the orders of E (State) which is the oil supplier of the Hyundai Oil Bank from June 1, 2015.

On April 25, 2016, the Defendant: (a) loaded 60,00 liter oil (MF380) owned by Hyundai Orck Bank Co., Ltd. (MF380) 70,000 liter oil in the above E and kept it for the victim company; (b) supplied the above ocean-going ship at the 62 wharf of Incheon Jung-gu, Jung-gu, Incheon at the 62 wharf of the port of Incheon; (c) supplied the above ocean-going ship with excessive air to the oil pipe, thereby hindering the measurement of the quantity of oil supplied on the part of the ocean-going ship; and (d) left the ship at the 0-day, Seo-gu, Incheon at the 62 wharf of the port of Jung-gu, Incheon; and (e) supplied the 0-day port of Jung-gu, Incheon; and (e) left the ship at the 0-day port of 2,751,400 mar oil supply at the port of the ocean-going ship.

In addition, from that time until August 10, 2016, the Defendant embezzled 112,249,916 won in total and 42,400 liters and transit 238,000 liters and transit 42,40 liters.

2. Any person who intends to run a petroleum sales business in violation of the petroleum and alternative fuel business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, etc.;

Nevertheless, on April 26, 2016, the Defendant, without registering the petroleum sales business, sold 8,000 liter oil in 1,00,000 won to the above H, as described in paragraph 1 at the sea of the Seo-gu Incheon Northern Port wharf on April 26, 2016, including from that time, the Defendant sold 12,00 liter oil in total on 22 occasions, such as the list of crimes in the attached Table, until August 10, 2016.

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