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(영문) 광주지방법원 순천지원 2016.08.10 2015고단740

업무상배임

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

From January 1, 2005 to September 30, 2013, the Defendant had been on duty as a person responsible for the management of the loan affairs at the D Saemaul Bank located in Bosung-gun C (hereinafter referred to as the “victim”).

According to the provisions related to the rules and regulations on credit cooperatives, when a secured loan is implemented, the economic utility of the security, appraisal price, degree of difficulty in the management and realization of the security, and other regulatory matters under the relevant laws and regulations shall be comprehensively reviewed and determined by comprehensively examining the economic utility of the security, the degree of difficulty in the management and realization of the security, and other regulatory matters, etc., as prescribed by Articles 32 (Principles of Acquisition of Security), 34 (Appraisal of Security), 35 (Classification of Security and Ratio of Loans), and 92 (Management of Security) of the Regulations on Credit Business.

In addition, when acquiring a security, the security should be assessed without delay, and the loan should be assessed as set forth in the method such as identifying the market price in the surrounding area at least, and the loan should be executed by deducting the small amount of rental deposit.

However, from April 19, 201 to July 12, 2011, the Defendant did not conduct an on-site inspection of housing in violation of the relevant regulations of the victimized safe from around April 19, 201 and duties to comply with internal regulations, and did not deduct a small-sum lease deposit. Moreover, the Defendant set an appraisal price at an amount higher than the actual market price on the basis of the purchase price stated in the sales contract, and then made a loan to be implemented beyond the scope of the loan pursuant to the provisions.

Accordingly, on April 19, 201, the Defendant violated the duty to comply with the above rules of the FSC in the FSC on April 19, 201, thereby lending 52 million won to E by the obligor E.