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(영문) 서울동부지방법원 2014.09.25 2012고단2562
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who operated (D) D (hereinafter referred to as “D”) in Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as “D”) with the duties of manufacturing, exporting, etc. of fibers C building 201 from December 2002 to December 201.

On August 13, 2010, the Defendant entered into a credit transaction agreement and foreign exchange transaction agreement with the Korea Trade Insurance Corporation on the security of the credit guarantee with the victim SC Japan bank, and requested the SC Japan bank to purchase export bills of USD 85,691.10 on August 17, 2010, and received the above money, and accordingly, the Defendant had the duty to pay the above export bills to the OXFD TEXTTEXINSINC in accordance with the above export credit guarantee and credit transaction agreement.

Nevertheless, on September 2010, the Defendant violated his duties, caused the export amount to be transferred to an account other than the above SCR bank account agreed upon by communicating with the firstman on September 2010, 2010, and used USD 40,000 on September 28, 2010 by receiving transfer of USD 40,000 to a corporate bank account under D’s name.

Accordingly, the defendant acquired the above 40,000 US dollars (Korean US$ 44,920,000) and caused the victim's property damage equivalent to the same amount to the Korea Trade Insurance Corporation.

Summary of Evidence

1. Legal statement of witness E;

1. The statement of witness F in the third protocol of the trial, and the statement of witness G in the sixth protocol of the trial;

1. An export credit guarantee terms and conditions, remittance receipt, subrogation certificate, export bill (purchase), request for bill of exchange (purchase), Rosteex on September 28, 2010, export contract (POX-1073), loan transaction agreement, foreign exchange transaction agreement, additional agreement, written agreement, loan application, loan application, official document of the Korea Trade Insurance Corporation, the official document of the LA branch office of the Korea Trade Insurance Corporation, OXD TRD ETXEES, export credit guarantee certificate, draft form, response to fact-finding and attached documents, etc., an export credit guarantee agreement;

1. The following facts are acknowledged according to the evidence duly adopted and examined by this Court:

D on July 24, 2010

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