A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around September 6, 2006, the Defendant entered into a credit transaction agreement and a contract to establish a security for transfer with the victim on all bills of lading of the B/C operated by the Defendant, with all obligations arising from foreign exchange transactions in order to guarantee payment for the amount of credit limit of 200,000 U.S. dollars, and continued transactions with the victim.

On February 29, 2008, according to the above credit transaction agreement, the Defendant received from New Zealand a letter of credit that the above C imports USD 690 from New Zealand, and USD 83,530 of the amount of the credit, and received the said timber from the victim, and subsequently received and kept the said timber on or around March 21, 2008 through customs procedures. According to the above credit transaction agreement, the Defendant had a duty to appropriately keep and manage the said timber until the time when the mortgagee pays for the letter of credit so that the secured party can achieve the purpose of the security.

Nevertheless, the Defendant violated his duties and arbitrarily removed and disposed of the timber at around that time, thereby acquiring pecuniary benefits equivalent to KRW 107,015,445 of the above timber market price and causing considerable damage to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against D and E;

1. The police statement concerning F;

1. A credit transaction agreement, a foreign exchange transaction agreement, or a transfer for security;

1. Application for the issuance of the credit, bill of lading, commercial invoice, and original statement;

1. Application of the civil judgment statute

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Determination on the intention of breach of trust under Article 62(1) of the Criminal Act in the suspension of execution

1. The Defendant’s summary of the assertion is shipping documents from the Jeonbuk Bank.