A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant is the representative director of the “D” corporation, which is a fishery product importer in Seo-gu, Busan.

On February 16, 2009, the Defendant entered into a credit transaction agreement and a foreign exchange transaction agreement with the victim's national bank for the purpose of opening the credit necessary for the import of fishery products at the 288-1 YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY, Busan, the Defendant entered into a transfer security agreement with the victim's national bank to the effect that "one is transferred to the bank as a security for the payment of the obligation to the bank to pay for the goods imported in the future," and accordingly, the credit was issued at that time.

around December 19, 201, the Defendant imported marine products worth KRW 3,267,50,500, including ecology 2,459,000 in Japan and 808,500 UN (Korean Won 47,649,299) through L/C transactions. At that time, the Defendant received the said marine products entered into a bonded warehouse of the Seo-gu Busan Western Company, Seo-gu, Busan. As such, the Defendant’s duty to keep the said goods until the Defendant repaid the L/C payment to the effect that the victim would achieve the secured purpose.

Nevertheless, the Defendant, in violation of the foregoing duties, disposed of the said fishery products at auction in the F market, acquired pecuniary benefits equivalent to KRW 3,267,500 (Korean Won 47,649,299) and inflicted damages equivalent to the same amount on the victim from January 27, 2012, and thereafter acquired the pecuniary benefits equivalent to KRW 11,935,566 (Korean Won 174,166,615) over seven occasions, as shown in the annexed list of crimes, and sustained damages equivalent to the same amount on the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Protocol of the police statement concerning G;

1. A criminal investigation report (attached to data);

1. Application of Acts and subordinate statutes on foreign exchange transactions and transfer of security;

1. Relevant Article 355(2) of the Criminal Act concerning the facts constituting an offense and Article 355(2) of the Criminal Act concerning the selection of punishment;