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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
The Defendant is the representative director of the “D Co., Ltd.” located in Seo-gu, Busan, Seo-gu, 302.
1. Breach of trust;
A. On June 24, 2009, the Defendant entered into a security agreement for transfer to the Suhyup Bank to the effect that, at the “E branch” located in the first floor of the Seo-gu Busan, Busan, the Defendant entered into a credit transaction agreement and a foreign exchange transaction agreement on the guarantee of payment in sight and sight for the establishment of the credit necessary for the import of fishery products, the Defendant transferred the credit to the bank within the limit of 100,000 U.S. dollars. Accordingly, on December 14, 201, the L/C was issued for the purpose of importing the frozen cut of the amount of USD 61,050 equivalent to that of USD 61,050 from China.
On December 24, 2011, the Defendant imported goods from China for freezing 61,050 US dollars from China through the transaction of the above L/C, and around that time, received the above fishery products entered into the F cooling warehouse in Busan, Seo-gu, Busan, and thus, there was a duty to keep the said goods until the victim pays for the letter of credit so that it can achieve the purpose of collateral.
Nevertheless, on January 13, 2012, the Defendant, in violation of the foregoing duty, released the fishery products from the above FF freezing warehouse on January 13, 2012, and subsequently disposed of the said fishery products to GY GG, etc., acquired the financial benefits equivalent to US$ 61,050 ( KRW 69,151,335) and suffered financial damages equivalent to the same amount for the victims.
B. On May 21, 2009, the Defendant’s breach of trust against the victim’s new bank is a security for the payment of the obligation to the bank for the payment of the amount of goods imported in the future, “within the limit of US$ 300,000 when entering into a credit transaction agreement and foreign exchange transaction agreement with the victim’s new bank for the purpose of opening the credit necessary for the import of fishery products.”