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(영문) 서울북부지방법원 2016.04.01 2015고합33
특정경제범죄가중처벌등에관한법률위반(배임)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative director of the D Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government, has concluded a foreign exchange transaction agreement with the victim on November 2, 201, and made the issuance and import transaction of credit.

On October 16, 2013, the Defendant opened a letter of credit equivalent to USD 876,960,00 from ZINGFA (HONGKNG) ZGGGNG (HONG) IMFND ESD ESD in Honggo at the new location of the Industrial Bank of Korea located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and opened a ZINGGGGGGGN (HOGNGNG) and received an irrevocable credit equivalent to USD 876,960,00 from BAR 20,000, and received the payment guarantee equivalent to the above ZGGGGGGGG import from the Plaintiff, and received the payment guarantee equivalent to USD 30,000,000 from the Plaintiff, and received the payment guarantee equivalent to USD 29,329,000,000,000 from the Plaintiff.

Accordingly, even though the Defendant had a duty to keep the above imported cargo until the victim pays for the letter of credit, the Defendant, as stated in the list of offenses, sold the above imported cargo to E without the victim’s consent from November 15, 2013 to December 23, 2013, and arbitrarily sold it to E without the victim’s consent, acquired the financial benefits equivalent to US$ 3,289,420 (Korean KRW 3.3 billion), and suffered damages equivalent to the same amount from the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. A complaint, a foreign exchange transaction agreement, a credit transaction agreement, an application for the issuance of an unrecovered credit and relevant documents, import cargo progress information, details of the issuance of a credit and disposal of imported cargo, a goods transaction agreement, and the relevant legislation.

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