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Defendant
A and D shall be punished by imprisonment with prison labor for one year, by imprisonment for one year and two months, and by imprisonment for one year and ten months, respectively.
Reasons
Punishment of the crime
[Defendant A, B, and C] 20 Ma2016 Highest 620
1. Under the underlying facts, Defendant A is a person who actually operates Co., Ltd.O (hereinafter “O”) engaged in the import and export intermediation business of fishery products in Busan, Seo-gu N, 501, and Q&A engaged in the same business in Busan, Jung-gu P, 206; Defendant B is a person who actually operates P&A engaged in fishery products sales business in Busan, Seo-gu R, 711 (hereinafter “S”); Defendant C is a person who actually operates P&A (hereinafter “V”). Defendant C is a person who actually operates P&A in Busan, Seo-gu T&T and 1727 U.S. (hereinafter “V”).
Defendant
On September 30, 2013, A entered into a transfer security contract with the victim to the effect that, in order to establish a credit necessary for the import of fishery products at the victim's central office located in the middle-gu Busan Metropolitan City, Jung-do, 65, Do 1, the victim NongHyup branch in Busan Metropolitan City, for the purpose of issuing a credit necessary for the import of fishery products, A entered into a payment guarantee transaction agreement and a foreign exchange transaction agreement with the victim to the extent of USD 500,000,000. Accordingly, the victim issued a credit with theO on August 5, 2014.
2. Defendant A and B’s joint crime of occupational breach of trust
At the S Office listed in paragraph (1) of August 5, 2014, Defendant A would pay 1% of the amount of imported goods to Defendant A as commission because of the lack of S’s credit standing, and Defendant A proposed that “I would like to perform all import procedures for the freezing early import from S using the credit issued in the name of O to the Nonghyup Bank, and would immediately pay the amount of the credit issued to the victim,” and Defendant A would use the O credit for fishery products, such as freezing early import from S, in response to the aforementioned Defendant B.