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Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for six months, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
1. On April 30, 2015, Defendant A, who is engaged in food import business with the trade names of E and F, entered into a foreign exchange transaction agreement and credit transaction agreement with the victim at the nearest branch office of the injured party Industrial Bank of Korea, located in 310, on behalf of Jinju City, with the injured party, and agreed that the goods imported in the future will be transferred as a security for the injured party, which is the issuing bank of the credit.
On August 17, 2015, the Defendant issued a letter of credit of USD 92,381 ($109,240,553) to the victim bank, and imported freezing return using G, an international logistics intermediary, and had a duty to keep freezing return for the victim in a bonded warehouse until the payment for the letter of credit is made.
Nevertheless, around August 31, 2015, the Defendant violated the above duties in the ISS warehouse located in Seo-gu Busan, Busan, and had concerns over the decrease in the new guidance when keeping return for a long time, and presented to the manager of the warehouse a cargo delivery order received in advance prior to the payment of the L/C price from J, the representative director of the GS, who is in charge of the transportation of freezing for a long time, and sold it around that time.
In addition, the Defendant, from July 28, 2015 to November 12, 2015, in handling the affairs of the victim in a total of six times from around July 28, 2015 by the following methods, as stated in the list of crimes in the attached Table of Crimes, acquired the financial benefits equivalent to USD 682,314 ($ 794,575,335) in breach of his/her duties and suffered a loss equivalent to the same amount to the victim.
2. Defendant B was the actual operator of L, Inc., an international logistics intermediary located in 701 of the building in Busan Jung-gu, and around July 20, 2015, Defendant B was in charge of the transport of 112,80 U.S. dollars (131,694,000 Won) at the market price of L, which L, an international logistics intermediary located in 701 of the building in Busan Jung-gu.
The defendant at the above L office around August 3, 2015, and from A.