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(영문) 서울중앙지방법원 2019.02.01 2018고합456

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendants shall be punished by imprisonment for one year and six months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 18, 201, Defendant A was sentenced to 1 year and 6 months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and 2 years of suspension of the execution on May 25, 201, and the judgment became final and conclusive on October 24, 2014. Defendant A was sentenced to 3 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Central District Court on November 10, 201.

Defendant

B was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on September 8, 2016, and the judgment was finalized on June 8, 2017, and on November 10, 2017, the judgment was finalized on November 18, 2017, after being sentenced to one year and six months of imprisonment and three years of suspended execution due to fraud in the same court.

【Criminal Facts】

Defendant

A changed its trade name to “Co. E” on May 6, 2011, the employee of the D Bank (hereinafter “Co., Ltd.”) located in Sejong Special Self-Governing City as an employee of the D Bank (hereinafter “Co., Ltd.”) and the Deputy Credit Director and the head of credit division from July 4, 2005, who was in charge of credit affairs from August 1, 2009 to April 28, 201, took overall charge of credit affairs as the general director from August 1, 2009 to April 28, 2012.

Defendant

B is a director of the FF corporation that carries on a real estate development project and participates in the operation.

Defendant

A has a duty to faithfully examine the purpose of loan, ability to repay, collateral, value, etc. of loan applicants in relation to loan business in accordance with the internal guidelines of the bank, etc. and to take reasonable and reasonable measures to collect loan claims so that they do not cause damage to the damaged company.

Defendant

A, around April 1, 2009, extended KRW 1 billion to G with the land auction fund at the injured company office, and received documents necessary for the establishment of the right to collateral security on the land of Mapo-gu Seoul, Mapo-gu, I, and J 3 lots of land which the company acquired the ownership at a successful bid from G, and thus, it is necessary to set up the right to collateral security.