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(영문) 부산지방법원 동부지원 2013.06.25 2013고단727
배임
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates E, a fishery products trading company.

On April 1, 2011, the Defendant entered into a credit transaction agreement and a foreign exchange transaction agreement with the victim bank in order to issue the credit necessary for the import of fishery products at the Busan Dongho-dong 494-34, Nam-gu, Busan, the Defendant entered into a transfer security agreement with the victim bank to the effect that “it shall be transferred to the bank as collateral for the payment of obligations owed to the bank for the future,” within the limit of USD 500,000 ($ 550,000,000). Accordingly, the credit was respectively issued around May 8, 2012, around May 11, 2012, and May 15, 2012.

From April 28, 2012 to May 18, 2012, the Defendant imported an amount equivalent to KRW 332,103,200, which was in China, of the said imported goods from the Gaddbbbbic storage equipment, etc. around that time. As such, the Defendant received the said imported goods, which were entered into the bonded storage equipment, etc. of the Gadbbic lus. Accordingly, until the victim pays for the letter of credit, the duty to keep the said goods was incurred.

The Defendant, in violation of such duty, disposed of the imported goods from June 4, 2012 to October 16, 2012 to F and other business partners, thereby obtaining a total of KRW 332,103,200, and suffered a loss equivalent to the same amount as the victim, by disposing of the said imported goods to F and other business partners.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of a contract for transfer security, and an Act and subordinate statutes of the trustee ledger;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (the payment of at least KRW 100 million out of the amount of damage; Article 62 (1) of the Criminal Act provides a written application to the effect that

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