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(영문) 부산지방법원 2013.10.10 2012고단9232
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 24, 2010, the Defendant concluded a transfer security agreement with the Korean bank in Busan Central Branch of the Busan Central Branch of the Korean Bank in Jung-gu, Busan, to the effect that, in concluding a credit necessary for the import of fishery products, a credit transaction agreement and a foreign exchange transaction agreement with the Korean bank for the payment guarantee of sight foreign currency, the Defendant would transfer the goods to the Korean bank within the limit of USD 200,000.

The Defendant imported an ecological ecosystem equivalent to 3,170,191N in Japan around April 11, 2012 through a letter of credit (credit number) based on the above credit transaction agreement with the victim, etc., and received the above ecological ecology entered into a bonded warehouse located in Seo-gu Busan, Seo-gu, Busan. Accordingly, the Defendant had a duty to keep the goods until the victim pays for the amount of credit.

Nevertheless, on April 11, 2012, the Defendant violated the above duties, and subsequently arbitrarily taken out the above ecology from the above bonded warehouse, sold them to non-fishery products distributors, and acquired the proprietary benefits equivalent to 3,170,191N (Korean 44,483,169 won) and suffered property damage equivalent to the same amount for the victim.

From that time to May 16, 2012, the Defendant acquired a total of 20,98,588 UN (Korean 295,533,831 won) and suffered property damage equivalent to the same amount from the victim by the same method over a total of 12 occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and G’s respective legal statements, and the witness H’s partial legal statement;

1. Each investigation report (the sequence 12, 17 of the evidence list);

1. Complaint;

1. The application of Acts and subordinate statutes of each foreign exchange transaction agreement, a copy of each credit transaction agreement, a copy of each transfer contract, a bill of lading, a copy of a commercial claim, and the list of crimes;

1. Criminal facts;

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