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(영문) 대구지방법원 포항지원 2013.09.30 2013고합23

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor of three years and fine of 700,000,000 won, Defendant B's imprisonment with prison labor of two years and six months, Defendant C's imprisonment with prison labor of four years and six years.

Reasons

Punishment of the crime

Defendant A holds 13.2% of the shares in G Savings Bank (hereinafter referred to as “G Savings Bank”) located in North-gu N at the port of port and constitutes a major shareholder of G Savings Bank, and as his/her appurtenant, P, an honorary chairperson of the O group, holding 86.8% of the shares in G Savings Bank, is 10% if he/she combines the shares in G Savings Bank with Defendant A.

On the other hand, the G Savings Bank holds 100% of the shares of the H Savings Bank Co., Ltd. (hereinafter “H Savings Bank”) with its head office in Q Q on the racing-si.

Defendant

A, through the equity relationship between these two mutual savings banks, has a practical decision-making right in relation to the operation of a mutual savings bank, such as appointment and dismissal of executives of the said two mutual savings bank, determination of interest rates related to credit receipt, whether to grant loans, and whether to exercise a security right to property provided as security. From July 29, 2003 to August 21, 2006, as the representative director of the G Savings Bank, and as the representative director of the H Savings Bank from September 20, 2004 to March 23, 2007.

Meanwhile, from August 21, 2006 to September 30, 2012, Defendant B served as the representative director of the G Savings Bank; from March 23, 2007 to March 22, 2013, Defendant D served as the representative director of the H Savings Bank; from August 31, 2000 to September 1, 2003, Defendant D served as the director of the G Savings Bank; from October 1, 2012 to July 31, 2013, Defendant B served as the representative director of the G Savings Bank; from September 31, 2003 to September 23, 2005 to September 23, 2005 to September 21, 2018; from September 23, 2005 to the vice president of the H Savings Bank, Defendant D served as the representative director of the G Savings Bank from September 23, 2018 to the date of February 18, 2011.

When executives and employees of a mutual savings bank handle credit business, the standard loan regulations for mutual savings banks established in the Korea Federation of Savings Banks.