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(영문) 대전지방법원 2017.04.14 2016고합509

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment for two years, each of the defendants B, C, D, and E shall be punished by imprisonment for one year and six months.

However, Defendant B, C, and D.

Reasons

Punishment of the crime

Defendant

E is a real operator of K (hereinafter “K”) and L (hereinafter “L”) established for the purpose of the installation of solar power generation devices. Defendant D is a regular manager in charge of the operation of the above corporations according to the direction of the E. Defendant A is the head of the branch office of the National Bank N in Seo-gu, Daejeon, Defendant B is the head of the above branch office, Defendant B is the head of the credit team of the above branch office, and Defendant C was engaged in the loan duties while working as the credit team of the above branch.

The Defendants, around December 2014, when Defendant E’s repayment of other obligations, operation funds of other companies, etc. were needed, around that time, Defendant A’s wife as representative director (hereinafter “P”), and the Korea Special Self-Governing Province and the Jeju Special Self-Governing Province and T (hereinafter “the instant site”)’s establishment of solar power plants (hereinafter “so-called the “so-called “so-powered power plant”). Around that time, the Defendants obtained a loan from Defendant A as representative director, and used it as operating funds, by pretending that Defendant A obtained permission to engage in development activities, by forging relevant documents as if Defendant A obtained permission to engage in the development activities.

1. On December 2014, Defendants A, B, and C of official document forgery: (a) conspired to prepare and submit to Defendant D a written permission for development activities in preparation for an office audit to provide loans for solar power plants facilities in the instant case; and (b) Defendants E and D were located in Daejeon Daejeon Seo-gu Daejeon Daejeon U.S. Building 807 around December 2014.

In K Office, for the purpose of exercising the P and R’s application for the loan of the facility fund for solar power plants at K Office, a solar power plant shall be located in the site of this case to V, who is an employee of the development department without authority.