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(영문) 창원지방법원 통영지원 2018.10.24 2018고단203

업무상배임

Text

Defendant

A and Defendant B shall be punished by fine of KRW 10,000,000, by fine of KRW 20,000,000, Defendant C shall be punished by fine of KRW 20,00, and Defendant D shall be punished by fine of KRW 5,00.

Reasons

Punishment of the crime

Defendant

A as the president of the Agricultural Cooperative for the victims H in Sari-si, A shall administer the affairs of the Agricultural Cooperative as the president of the Agricultural Cooperative for the victims H, and Defendant B shall be in charge of the overall affairs as the NAF, Defendant C shall be in charge of the general affairs as the director of the HF, and Defendant D shall be in charge of the credit affairs as the director of the HF.

Defendant

A, Defendant B, and Defendant C, within the office of the president of the AFF, sold the real estate mortgage loan (loans 1,090,000,000) that Defendant C handled by Defendant C, at the time of December 2012, the auction was conducted on the JN building located in the JNA at the time of macroscoping real estate as collateral. However, due to low-price bid, Defendant C, as a result of a two-time bid, had the countermeasures to seek solutions for the significant loss caused by HF non-performing loans. As a result, Defendant C acquired the ownership of the above JN building, acquired the ownership of the above JN building, thereby preventing HFFF from losses by preferentially paying the principal of the loan, and then preserved the money paid by Defendant C with the money sold thereafter.

On the other hand, on December 21, 2012, Defendant C received the ownership of the above Jnart building from the debtor Eul, and took out a loan of KRW 820,000,000 from the victim agricultural cooperatives as collateral and received KRW 655,00,000 from the mother L's real estate as collateral, and prepared a purchase price by receiving KRW 1,475,00,000 from the above loan. From that time, Defendant C paid interest on the above loan.

1. On April 2013, in order to raise funds to pay interest on Defendant C’s loans from the said HF agricultural cooperative around April 2013, Defendants in breach of trust offered loans to Defendant C by offering a security loan on real estate owned by Defendant C, the wife of Defendant C, at a higher level than the normal value, and offered loans to the Defendants in excess of the fixed amount of loans.

According to the internal rules, etc. of the victims, the land subject to evaluation shall be the land in appraising the mortgaged land.