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(영문) 울산지방법원 2016.09.02 2015고합50

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A worked as the head of the loan team from February 11, 2010 to May 13, 2012, the head of the bond management team from May 14, 2012 to June 13, 2012, and the head of the internal control (the head of the loan examination committee) from June 14, 2012 to December 27, 2012, and was in charge of the internal control (the head of the loan examination committee) directly in charge of the affairs related to the loan of the credit cooperative of the victim, or the affairs directly in charge of the internal control from June 14, 2012 to December 27, 2012. Defendant B was in charge of the affairs related to the loan of the credit cooperative of the victim from December 17, 2003 to August 12, 2013.

1. Defendant A

A. Under the provisions on credit business of community credit cooperatives in violation of the Community Credit Cooperatives Act, loans to the same person shall not exceed a larger amount of 20/100 of the total amount of contributions and reserve funds of a credit cooperative or 1/100 of total assets, and loans granted under the name of another person on its own account shall be deemed loans to be loans to the same person and shall be managed as loans to the same person. However, around December 13, 2012, the Defendant extended loans exceeding the limit of loans to the same person by lending KRW 230 million from the above credit cooperative office to the first person who becomes the title holder of loans for H at the above credit cooperative office at the above credit cooperative office at around December 13, 2012, as shown in attached Table 2, from that time until February 5, 2013.

B. A loan to the same person under the provisions of the Community Credit Cooperatives Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) shall not exceed 20/100 of the total amount of the investment in the credit cooperative and the total amount of the reserve, or 1/100 of the total assets, and a loan granted on the principal's account under another person's name shall be deemed as a loan to the same person, and the defendant in charge of the credit affairs shall accurately manage the value of the