특정경제범죄가중처벌등에관한법률위반(배임)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
From September 24, 2012 to March 23, 2016, the Defendant is a person who works for the strategic business team of the victim D Co., Ltd. (hereinafter “victim”) and was engaged in the duties in charge of loans.
On September 12, 2013, the injured company entered into a credit transaction agreement with E Co., Ltd. (hereinafter “E”) to February 12, 2014 with a credit limit of KRW 3,00,000,000,000, and the credit period from September 12, 2013 to February 12, 2014; the interest rate of KRW 7% per annum; the overdue interest rate of KRW 19% per annum; pursuant to the program production agreement on E’s production and supply of E’s programs, as security for the foregoing agreement, the E’s broadcast advertising fee to be acquired for the Korean Broadcasting System; the overseas sales amount; the OST’s business revenue; and the additional business revenue; and the credit transfer contract to the injured company, including the credit transfer amount of KRW 3,564,00,00,00,000 (hereinafter “the instant revenue”).
On October 30, 2013, E entered into a contract for the production of a program (hereinafter “instant contract for the production of a program”) with the Korea Broadcasting System under which E produces and supplies the instant drama and receives KRW 3,564,00,000 in total from the Korea Broadcasting System (hereinafter “instant contract for the production of a program”). Of them, Article 16(10) of the “Contract for the Production and Delivery of a Program” provides for a special contract for the prohibition of the transfer of a claim under which “The producer shall transfer the claim to be received from KS in connection with the production of the program, or grant a pledge on the claim, and if it is in violation, KS shall be paid from the production cost to 10,000,000 won (hereinafter “the instant special contract for the prohibition of transfer of a claim”).
1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) shall be an employee in charge of lending to a victim company, and a sufficient security to secure the recovery of loans in granting a loan to E.