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(영문) 대전지방법원 2018.08.23 2018고단2116

업무상배임등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2018 Highest 2116" is a person who takes charge of credit affairs as the director of the division of a victim C Credit Cooperatives (hereinafter referred to as "victim Cooperative").

According to Section 1, Article 2, and Article 5 of Section 7, Section 7, Section 2, Section 7, Section 7, Section 7, Section 7, Section 2, and Section 5, Section 7, of the Credit Operating Manual, the victim union established a transfer contract or pledge contract with the debtor who is the lessee in the event that the lease deposit for which the establishment of a right to lease on a deposit basis has not been registered is lent as security. There was a duty to take measures to acquire a security right with the opposing power by obtaining the consent from the third debtor (such as lessor, etc.) with a written consent at the fixed date or by giving notice at the fixed date.

Nevertheless, the defendant did not take the procedure to obtain the opposing power under the above internal regulations in violation of the above occupational duties and did not take the procedure to obtain the opposing power as above. On December 8, 2015, the defendant extended loans of KRW 70 million from October 18, 2016 to three persons, including D, etc., in the same manner, from October 18, 2016, by lending a total of KRW 360 million to obtain property benefits equivalent to the same amount and causing property damage to the victim association.

The Defendant is a person who works for the director of the CF from June 5, 2010 to December 28, 2017 and has been in charge of credit affairs, such as lending consultation, etc. in the said union.

A credit cooperative shall be limited to the extent prescribed by Presidential Decree within the extent of an amount equivalent to 20/100 of its equity capital or 1/100 of the total assets, whichever is larger, with the exception of those approved by the National Federation Chairperson in accordance with the guidelines determined by the Financial Services Commission (or 20/100 of its equity capital as of the end of