1. The defendant shall be punished by imprisonment for two years;

2. The applicant for compensation shall be dismissed;

Punishment of the crime

In September 201, the Defendant: (a) at the (ju) H office of the victim D’s operation (ju) in Gangdong-gu Seoul Warman, the Defendant, even if having the victim issue a credit in the name of (ju) H for the import of the new source of origin; (b) despite having no intent or ability to normally pay the settlement amount, the Defendant, despite of the absence of the victim’s intent or ability to pay the settlement amount, the Defendant, “B, as the representative of the I Company, imported many goods from the Chinese branch, and sold and distributed them to the Chinese branch; and (c) as there is no credit to receive 30,000 meters of the high quality of the new source of origin in China, the Defendant opened the credit so that it is difficult to issue the credit; (d) if the credit is opened, the Defendant would pay 30% of the sales profit in return for the issuance of the credit; and (e) there is a place at which the imported source of origin was sold, and thus, the Defendant may immediately pay the price of the goods from the customer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes of exchange rate inquiry, a copy of an application for issuance of an irrevocable letter of credit, a copy of the statement of foreign exchange transactions, a statement of arrival of the date for settlement of the imported bill, documents related to

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Determination on the assertion by the defendant and his/her defense counsel under Articles 25(3)3 and 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation

1. It was true that the defendant's assertion by the defendant and his defense counsel could not settle the L/C price despite the victim's issuance of the L/C. However, this is the defendant's contract for manufacturing and selling a new letter of credit with the defendant himself/herself as a new seller.