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(영문) 제주지방법원 2012.10.10 2012고단847

업무상배임등

Text

Defendant

A shall be punished by a fine of KRW 4,000,00,000,00,000, which shall be imposed on A.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A From July 2004 to January 2004, a person who is responsible for the overall management of affairs, such as credit, receipt, business support, etc. of the above credit cooperative as a manager of the above credit cooperative, Defendant B is the head of the above credit cooperative from around 2008 to January 201, and is in charge of the loan business as a manager of the above credit cooperative from January 201 to the above credit cooperative.

1. According to the credit management regulations for Defendant A’s occupational breach of trust, a credit loan without any security can be extended to up to 30 million won. However, where the management grade by the method of evaluating the management status set by the supervisory standard is higher than class 3, the board of directors may set a lending limit within 50 million won, and where the above standard amount exceeds the above standard amount, the board of directors may hold a loan deliberation committee and acquire collateral. As such, the Defendant, as a transfer agent of the above credit cooperative, should comply with the above regulations so that he does not incur any loss to the above credit cooperative in relation to the above lending business, but did not cause bad loans

On December 31, 2009, the Defendant took out a loan of 160 million won in the name of the Defendant’s wife G at the E Saemaul Savings Depository located in Jeju on December 31, 2009, and did not hold a loan deliberation committee in violation of the above provision and did not obtain a collateral, and the Defendant prepared a loan document by himself and prepared it to the effect that it does not bring about a problem to H, I, and B. Accordingly, the Defendant obtained a seal on the loan document and obtained a loan of 160 million won to the G account of the above community credit cooperative without the approval of the president, and incurred a loss equivalent to the above amount to the above safe.

2. Where the competent Minister obtains approval of the chairperson of the Federation of Community Credit Cooperatives as to the same person under the Community Credit Cooperatives Act committed jointly by Defendant A and B in violation of the Community Credit Cooperatives Act according to the criteria determined by the Minister.

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