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(영문) 서울동부지방법원 2016.05.24 2015고정1664

업무상배임등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From February 27, 2012 to May 1, 2014, the Defendant in breach of occupational trust held office as the president at a victim E-credit cooperative located in Songpa-gu Seoul Metropolitan Government (hereinafter “damage E-related cooperative”) and has overall control over affairs such as fund management, supervision, etc. of the victimized association.

According to the credit business method of the damaged union, it is prohibited to reduce or exempt the interest of the union members except for the reasons for exemption from the interest in arrears prescribed in each subparagraph of paragraph (6) of the credit operating manual, and thus the defendant has a duty to promote the equity among the union members without arbitrarily reducing or exempting the interest in arrears if there is no reason for exemption from the interest in arrears.

Nevertheless, from October 2, 2012 to October 5, 2012, the Defendant, in violation of the above occupational duties, ordered F, a standing member of the victimized union, to repeatedly exempt G interest, and ordered H, I, etc., to exempt F, a standing member of the said union from the overdue interest amounting to KRW 4,443,611, interest on G arrears in relation to the victimized union in a coercive manner, such as taking the Defendant’s instructions into account and giving the highness to H, I, etc., and to exempt the Defendant from the overdue interest amounting to KRW 5,428,478, the interest amount in arrears, and KRW 5,477, the sum of KRW 10,456,477.

As a result, the Defendant had G, J and K obtain economic benefits equivalent to the above 10,456,477 won and suffered economic damages equivalent to the same amount from the damaged association.

2. On March 28, 2014, the Defendant filed a false report with the Chief Director of the Damage Association, who received a report in relation to L and H’s assault cases and received a report with respect to L and H, and filed a false report with the police officer who could not know the name of the Seoul Song-gu Police Station that called “the Defendant was assaulted by H”.

However, in fact, the defendant unilaterally assaulted H and did not have been assaulted by H.

Accordingly, the defendant is false for the purpose of having H receive criminal punishment.