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Defendant
A Imprisonment with prison labor of one year and six months, two years of imprisonment with prison labor of Defendant B, and two years of imprisonment with prison labor of Defendant C.
Reasons
Punishment of the crime
[criminal power] On August 13, 2013, Defendant C was sentenced to a suspended sentence of one year for fraud, etc. at the Busan District Court, which became final and conclusive on August 21, 2013.
【Criminal Facts】
1. Defendant D’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) operated the above company as an actual operator of the imported company, such as active fish, and is engaged in the overall operation of the company. Defendant C, as a senior managing director of the above company, is a person in charge of the import business of active fish, such as the issuance of letters of credit, active fish import contract, etc. in relation to active fish import. Defendant B is a director of the above company. Defendant D is a person in charge of the management and sales of active fish import as a director of the above company. Defendant A was a person who was the representative director of the above company in the name of the above company, and was engaged in the business of issuing letters of credit in relation to active fish import. Defendant D was a person who was the representative director of the above company in the name of the above company, and Defendant A was a person who was engaged in the business of issuing letters of credit in relation to active fish import from China. The Defendants were aware that
On June 5, 2014, the Defendants entered into an agreement on the transfer of security with the content that (i) I received from the injured bank the L/C import of USD 239,000 from China equivalent to the market price of USD 46,50K, and (ii) I would pay to the injured party within five days from the following day from the date of arrival of the shipping documents, and (iii) I would transfer the above import active terms to the injured party until the L/C issuing bank in order to secure the payment, and (iv) the Defendants would have the duty to properly keep and manage the said import active terms so that the secured party can achieve the purpose of the security prior to the payment of the L/C amount.