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(영문) 부산지방법원 2013.12.18 2013고단4520
업무상배임
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

On August 28, 2013, Defendant B was sentenced to two years of suspension of the execution of imprisonment for one year due to occupational breach of trust in the Busan District Court's branch court's branch court's branch court's order on September 5, 2013, and the above judgment became final and conclusive on September 5, 2013.

Defendant

A is a person operating H, which is a freezing fishery product importer in Busan Shipping Daegu G Building 804, and operated by J, which is an international logistics intermediary, in accordance with 602 of Busan Jung-gu IO Building 602.

Defendant

A around October 28, 2010, around 2010, entered into a transfer to the effect that, in order to issue the credit necessary for the import of fishery products at the Busan Port Corporation's Busan Port Corporation's 46-gil, it shall not exceed 390,000 U.S. dollars (the extension of the repayment date on October 26, 201) and upon entering into a transfer to the bank, "it shall be transferred to the bank as a security for the payment of the obligation to the bank that bears the goods imported in the future" (the extension of the repayment date on August 26, 201). Accordingly, around August 1, 2012, the credit was issued in order to import at Vietnam the freezing of USD 98,712, US$ 105,920 in freezing around August 6, 2012.

Defendant

A around August 14, 2012, around August 21, 2012, around August 21, 2012, through the transaction of the letter of credit as above, imported the freezing of USD 98,712, USD 105,920 from Vietnam to USD 204,632 ($ 232,693,101, the final amount) and received the said fishery products by suffering from L Co., Ltd. located in Seo-gu, Busan (the trade name of M&A around April 10, 2013) and received the said fishery products. As such, a duty is to keep the said goods until the victim pays for the letter of credit so that the purpose of security can be achieved.

On the other hand, in order for Defendant A to dispose of the above fishery products, a letter of credit shall be repaid to the victim, and a bill of lading held by the victim shall be issued. Defendant B shall be a transporter of the above fishery products at the place of destination.

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