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(영문) 부산지방법원 동부지원 2018.01.16 2017고합119
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On February 14, 2014, Defendant B was sentenced to a two-year suspended sentence to six months of imprisonment for breach of trust at the Busan District Court, and the above judgment became final and conclusive on the 22th of the same month. On November 2, 2016, Defendant B was sentenced to ten months of imprisonment for the same crime at the same court and the above judgment became final and conclusive on April 22, 2017.

[2] Defendant A is the representative director of H (hereinafter “H”) for the purpose of importing and distributing fishery products in Seo-gu, Busan, and 910, and Defendant B is the inside director of J (hereinafter “J”) for the purpose of mediating transportation in Busan and 1416.

Defendant

around September 16, 2015, A entered into a credit transaction agreement with the victim Busan Bank Co., Ltd. (hereinafter referred to as the "Mus Bank") for the purpose of importing fishery products at the Busan Bank 280, Seo-gu, Busan, Seo-gu, Busan, and made credit transactions.

Defendant

A In accordance with the above credit transaction agreement around October 6, 2015, upon receipt of a credit from the victim Busan Bank, A imported 66,501,500 ggs equivalent to the market price of 66,501,501, from China, and entered it as "M" in the L indictment for a corporation located in the Busan Y, Seo-gu, Busan, through the transportation brokerage line of the J with the defendant B as a director, but it appears to be a clerical error, and even if it is corrected, it is judged that it does not interfere with the defendants' exercise of their right to defense. Thus, it shall be corrected ex officio without amendment to the indictment.

The storage was made in the warehouse.

Defendant

A If a bank issues a letter of credit in accordance with a credit transaction agreement, it imports the freight within the credit amount, and the bank holds the bill of lading for the imported freight as a collateral. In this case, the defendant A received a legitimate bill of lading from the victim Busan bank and presented it to the defendant B, who is the shipping intermediary, and receives a delivery order;

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