beta
(영문) 서울북부지방법원 2016.09.23 2016고합2

특정경제범죄가중처벌등에관한법률위반(배임)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From July 11, 2003 to March 8, 2013, the Defendant is a person in charge of overall control over the affairs of the Saemaul credit cooperative, such as lending of money and receipt of deposits, while serving as the president of the Saemaul credit cooperative.

According to the credit-related regulations such as the credit business regulations and the credit business manual of the Saemaul Treasury Federation, the loan shall be made for the persons with good asset and credit standing and ability to repay, the total debt repayment ratio (DI) shall be observed, and the annual amount of income shall be stated in the credit information of the applicant for the loan, the credit information of the applicant for the loan shall be inquired of the credit information of the applicant for the loan, and the loan shall be stated in the total amount of the loan and the total amount of the loan if the loan exists after the other bank is confirmed. If the location of the apartment house provided as security is Seoul, the total amount of the loan shall be applied to 50% (in case the apartment house other than Seoul Metropolitan area is provided as security, the total amount repayment ratio shall be applied to 60%)

The Defendant did not comply with the provisions of the total amount of debt repayment ratio and was aware that the loan would result in a loss due to the difficulty in collecting the loan or impossibility, and thus, even though there was an occupational duty to prevent losses in compliance with the provisions of the total amount of debt repayment ratio, the Defendant violated the above D Saemaul Treasury's duty to make a loan of KRW 50 million to the applicant for the loan from the above D Saemaul Bank around October 23, 2009 without applying the total amount repayment ratio while lending the loan of KRW 2,18,000 to July 11, 201, as shown in the list of crimes in the attached Form 29 as a total amount of 29 times from the above day to July 11, 2011, extended the loan of KRW 2,118,000,000 to the applicant for the loan to obtain the above D Saemaul Bank's property interest, such as the applicant for the loan.