Defendant

A Imprisonment with prison labor for a period of two years and six months, each of the defendants B and C shall be punished by imprisonment for a period of one year and six months.

except that this judgment.

Punishment of the crime

[criminal record] On August 21, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Busan District Court on October 21, 2013, and the judgment became final and conclusive on February 4, 2014.

[Criminal Facts] Defendant A is a person who has operated the management committee for the purpose of importing fishery products in Daegu-gu, and Defendant B is a child of Defendant A, who has been in charge of the business affairs of the said company in the management committee in the above management committee of the company, and Defendant C is a person who has been in charge of the business affairs of the said company, and Defendant C has worked as an internal director of the Management committee for the purpose of transportation mediation of cargo in Changwon-si, Changpo-si, Busan-si.

1. On February 27, 2012, Defendant A entered into a payment guarantee agreement with the victim, foreign exchange transaction agreement, and security agreement for imported goods in order to establish a letter of credit necessary for the import of fishery products at the victim Iam branch in Daegu-gu, Seoul-gu, with the victim Iam branch. Accordingly, the victim, from March 7, 2012 to March 26, 2012, issued a letter of credit to the LAE with the victim.

On March 19, 2012, the Defendant imported from China the freezing of an amount equivalent to KRW 166,066,176 at its market price, through a letter of credit under the above credit transaction agreement, etc. with the victim, and received the said freezing returned from J bonded warehouse, a warehouse located in Busan, around that time.

In such a case, the defendant who provided imported goods as security for transfer to the victim must pay the price for the issuance of the letter of credit to the victim holding the bill of lading for imported goods, and submit the bill of lading to C, who is a shipping agent, and deliver the letter of credit to the warehouse that is kept in custody of the said freezing, after receiving the delivery order from C. The defendant must release the goods in freezing. Before paying the price for the issuance of the letter of credit, the duty should be to prevent the decline and loss of the value of the security, such as not shipping the said freezing so that the victim can achieve the purpose of the security.