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(영문) 서울중앙지방법원 2016.07.15 2016고합42

컴퓨터등사용사기등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of new bank J branch in Gangnam-gu Seoul, Seoul from January 30, 2012 to January 2015, and Defendant B was the head of the said J branch from January 30, 2012 to January 24, 2013.

1. Basic fact K is a person who operates a corporation L and has been engaged in real estate leasing business and Lestop business.

K jointly established N's wife P Co., Ltd. (O; hereinafter "P"), the president of the M Hospital, around July 2009.

P has been newly loaned 11 billion won from a new bank, and K and L have acquired 14.9 billion won from the existing loan debt of 14.9 billion won which K and L have already been borne by the new bank, and has the liability of 25.9 billion won.

K jointly and severally guaranteed the debt amounting to KRW 25.9 billion, and provided the Gangnam-gu Seoul Metropolitan Government Q and its ground buildings, etc. (hereinafter “instant real estate”).

N andO also jointly and severally guaranteed P's obligations.

After that, P's loan balance was a total of KRW 23.46 billion around April 2012 (hereinafter "loan obligation of this case") by partially repaying interest and principal interest.

O on April 17, 2012, on the condition that it and N deviate from the joint guarantor status of the obligation of the instant loan, the P set up a letter of waiver of all rights to P’s business on condition that it and N deviate from the joint guarantor status of the obligation.

N on April 25, 2012, under Defendant B’s entry, agreed to divorce and division of property with O on the condition that the joint and several guarantee contract for the debt of the instant loan is terminated.

Accordingly, K expressed its intention to acquire the debt of the instant loan from P inasmuch as it is likely that the instant real estate offered as security for the debt of the instant loan will go beyond auction.

However, under the premise, the new bank demanded the Defendants to additionally lend an additional amount of KRW 2 billion, but the new bank was the interest rate on May 11, 2012 to acquire the obligation of the instant loan.