Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is engaged in the business of supplying foreign human resources of the above company as the representative director of the Corporation E, Busan Seo-gu D.

The injured party Co., Ltd has been engaged in business related to the supply of foreign human resources, but on July 13, 2009, the basic contract for the management of foreign seafarers entered into between the above Co., Ltd and NFFC was terminated.

After that, on March 12, 2010, all 44 seafarers remaining in the above corporation E are transferred to E by the defendant, and on the same day between E and NFC, a contract for the transfer of management of foreign seafarers was concluded.

At the time of transfer contract, for the contract deposit of KRW 30,00,000 paid to NFFC, the contract deposit of KRW 30,000,00 was to be transferred to E, the company to which the crew is to be acquired by succession of rights and obligations, and the transferred contract deposit was transferred to E, the corporation, and the transferred contract deposit was delivered to E, the corporation.

On July 26, 2011, E was transferred by NFF to KRW 27,595,200 out of the above contract performance guarantee amount of KRW 30,000,000.

Therefore, the Defendant maintained 27,595,200 won of contract performance bond transferred from NFFC for the victim. Therefore, the Defendant refused to return the said contract performance bond by refusing to comply with the request for return by the victim, which continued from August 201.

Summary of Evidence

1. Legal statement of witness F;

1. Partial entry of the suspect interrogation protocol of the accused by the prosecution;

1. A complaint;

1. A contract for transfer of the management affairs of a foreign seafarer;

1. Copy of the statement sent by the suspect to the complainant; and

1. Application of Acts and subordinate statutes to a copy of the written reply sent by the complainant to the suspect;

1. Relevant Article 355 (1) of the Criminal Act concerning facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.