A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The Defendant, from around 1989, is the representative director of the company called Hong Congo and China (hereinafter referred to as the “C”), who is a company with office in the Hong Congo and China, and D (hereinafter referred to as the “D”) with an injured office in China, and a person who imported non-ferrous scrap from a foreign country to sell them in China.

The Defendant, while engaging in the trade business so far, was well aware of knowledge of knowledge, import source, sales place, trade method in the Chinese market, and steel company’s trade relationship. The Defendant and the Korea Marine University E, the motive of the Defendant and the Korea Marine University, were serving as the chief marine transportation business entity of F (F, Transportation, and Production of Ship Equipment) Co., Ltd., Ltd., the Defendant and the Korea Marine University E, with the knowledge that the said victim would purchase and sell non-ferrous scrap from abroad to China. The Defendant had attempted to perform the said trade business affairs of the said victim company and had the intent to gain economic benefits in the process.

On January 23, 2007, at the office of the above victim company located in G, the Defendant was delegated by the above victim company with the duties of supplying and collecting scrap, etc. with respect to the transaction of non-ferrous scrap between the above company and China H (hereinafter “H”), and thereafter, the Defendant was engaged in the duties of selling the non-ferrous scrap purchased by the above company for the above victim company for the above victim company and transferring it to the above H by collecting the price.

On July 12, 2007, the Defendant purchased USD 77.941 ton from the Plaintiff’s company located in the U.S. and kept USD 364,987.78, which was paid by the Defendant to the Defendant on September 12, 2007, from around the time to December 2007, the Defendant used USD 275,469.52 for private purposes, such as the payment of wages to the employees of the Defendant Company, without remitting USD 275,469 to the said company.