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(영문) 부산지방법원 2012.07.13 2011고합791
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C is the representative director of D Co., Ltd. (the trade name prior to the change shall be E Co., Ltd.; hereinafter referred to as “D”), and the Defendant is a person who was working in D’s business division on November 30, 2009 while leaving D’s business division and was engaged in brokerage and wholesale business for purchasing and selling marine products from D in the trade name of “F”. G was a person who worked as D’s business director from December 7, 2007 to November 201, while H was working as the head of the business division from June 2009 to October 21, 2010.

D On July 3, 2008 and July 30, 2009, the foreign exchange transaction agreement related to the issuance of the L/C between the victim corporation Busan Bank (hereinafter "BB bank") and the foreign exchange transaction agreement (under the above agreement, D has transferred the fishery products imported under the L/C opened by Busan Bank to Busan Bank as a security for the payment of L/C obligations, etc. to Busan Bank). Accordingly, D has been engaged in the business of importing and selling fishery products from China since its financial difficulties, etc., but from December 2009 due to financial circumstances, D had been placed in the situation where it is difficult to pay L/C obligations to Busan Bank.

In general, since companies importing fishery products from abroad enter into a payment guarantee contract with the bank for the import price of fishery products, fishery products will be offered as collateral for the bank at the same time as the revenue.

In order to take out imported fishery products offered as security for transfer to a bank, the importing company shall pay the import price of fishery products to the bank, receive a bill of lading from the bank, and submit the bill of lading to the shipping company, and deliver the order of delivery of the goods issued by the shipping company to the warehouse.

However, it is true.

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