A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around November 16, 2011, the Defendant entered into an agreement on the transfer of the above imported goods to the affected bank, which is the issuing bank of the letter of credit, by December 19, 201, in accordance with the import transaction agreement between (State)C and the pertinent fisheries cooperative office located in Seo-gu, Busan pursuant to the import transaction agreement between (State)C with the Defendant as representative director and the pertinent fisheries cooperative, and upon receipt of a letter of credit from China, the said affected bank to settle the payment for the freezing goods imported by the above (State)C between the above affected bank and the above affected bank by December 19, 2011. The Defendant breached his duty to keep the above imported goods at will until the payment is made. Although the Defendant breached his duty, the Defendant acquired the above imported goods at his own discretion to secure the purpose of collateral, and received the above imported goods at his own expense and sustained the above imported goods at its own expense and at its own expense equivalent to the above amount to KRW 131,920,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to foreign exchange transaction agreements, credit transaction agreements, applications for issuance of each credit, and information on the progress of imported cargo;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended sentencing guidelines for each category 1 (where damage is recovered) and the area of mitigation (where damage is recovered) according to the sentencing guidelines: Imprisonment with labor for not more than ten months;

2. Restoration of damage from suspension of execution, and there is no past history of criminal punishment, but the victim maintains his/her intent to punish, and no serious reflector exists: Not selecting a suspension of execution;

3. Six months of imprisonment with prison labor for a sentence; and