Text
1. Defendant A shall be punished by imprisonment for two years.
2. Defendant B
(a) The defendant shall be punished by imprisonment with prison labor for a year and six months;
(b).
Reasons
Criminal facts
[Criminal Power] On July 26, 2018, Defendant C was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Busan High Court, and the decision was finalized on August 3, 2018.
[Status of Related Persons] Defendant A is a person engaged in trade in fishery products under the trade name called Seo-gu, Busan E building and G from F, and Defendant D is a person who participated in the overall business as a G director.
Defendant
B is a representative director of Jung-gu H building and JJ located in Busan Jung-gu, and a person conducting international logistics brokerage business.
Defendant
C is a person who has performed international logistics brokerage business as a actual operator of L in Busan Jung-gu K building and fourth floor.
【Criminal Facts】
Defendant
A and Defendant D entered into a foreign exchange transaction agreement related to the establishment of a credit and a payment guarantee agreement and a security agreement for the imported fishery products in the name of Defendant A’s wife M on February 11, 2016 and November 18, 2016, respectively, and accordingly, engaged in the business of importing and selling fishery products from China. However, due to financial difficulties, from October 2016 due to financial circumstances, it became difficult to pay for the amount of the letter of credit to the N Bank.
1. Defendants A, D, and B’s joint criminal conduct: (a) pursuant to the credit opened by the N Bank, from December 2, 2016 to January 20, 2017, Defendant A and D imported approximately KRW 1,323,074,00 of the aggregate amount of KRW 148,430 kilograms as stated in Appendix I from China as stated in Appendix I; and (b) imported approximately KRW 1,323,074,00 from China to stored them in the PY warehouse and the RA bonded warehouse located in Q, Busan, which were located in PYO located in PSO, Busan, and kept them, respectively.
Defendant
A. D If a N Bank issues a credit under a credit transaction agreement, it shall import freezings within the amount of the credit, and the N Bank shall hold a bill of lading for freezing purposes.