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

The defendant is a person who operates a corporation B which manufactures computers, peripheral devices, or wholesale and retail business.

On March 12, 2014, the Defendant entered into a contract with the victim company bank to issue a credit necessary for monitoring import at the original location of the company bank in Yongsan-gu Seoul, Seoul, which was located in 52-5, and entered into a transfer security agreement with the victim company bank to the effect that “it transfers all rights to the bank as a security for the payment of the obligation owed to the bank for the goods imported in the future,” within the limit of USD 119,750 ($ 130,000,000). Accordingly, the credit was issued around that time.

On March 18, 2014, the Defendant imported the amount equivalent to USD 119,750 from the STS STS STS STC SPS Co., Ltd. in China. On March 18, 2014, the Defendant received the said imported goods from the KTEL Shipping Co., Ltd. to the KTELS bonded warehouse located in Busan port. As such, the Defendant had a duty to keep the said goods until the victim pays the L/C price so that it can achieve the purpose of security.

Around that time, the Defendant violated the foregoing duties, thereby acquiring pecuniary benefits equivalent to KRW 130 million and causing damages equivalent to the same amount to the victim by arbitrarily disposing of the imported goods to the customer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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. The amount of profit in breach of trust for the reason of sentencing under Article 62(1) of the Criminal Act is more than 100 million won, or the victim does not want the punishment, most of the profit appears not to be individually consumed or retained, but to be used as the company's funds, and it is clear that social relationship is a suspended sentence.