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(영문) 광주지방법원 2014.04.11 2014고정41

상호저축은행법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) is a corporation established on October 5, 1982 for the purpose of credit, credit installment savings, installment loans, and discount of bills, as prescribed by the Mutual Savings Banks Act, on September 2, 201, as the Mutual Savings Banks Act. Defendant A was in office as the representative director of the foregoing B on August 2, 2011; Defendant B was in office as the director of the foregoing B; Defendant B was in office as the director of the said B; Defendant B was in office as the director of the said B; Nonparty B’s spouse as the director of the said B; Defendant J’s major shareholder holding the said 8.3% of the shares of each of the above B; and Plaintiff’s director of the M architect office holding 22.15% of the shares of each of the above B; and N constitutes the “large shareholder, etc.” under the Mutual Savings Banks Act as the wife of the said K, and Defendant A as well as Defendant F, G, K, K, L, and N constitutes a major shareholder, etc.

No mutual savings bank shall extend credit, make a deposit, etc. or make a provisional payment to "large shareholders, etc."

Nevertheless, on March 22, 2012, Defendant A opened a comprehensive passbook loan of KRW 20 million to the directors F, who are major shareholders, etc. in B, and extended credit, as shown in the attached list of crimes, Defendant A provided credit of KRW 230 million to the major shareholders, etc. on seven occasions from September 14, 201 to December 5, 2012 as shown in the attached list of crimes.

In addition, Defendant B extended credit to major shareholders as above in relation to Defendant B’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution against theO;

1. Copy of the corporate register (E, M architect);

1. Details of credit extension to major shareholders, etc. and application of Acts and subordinate statutes on the register of shareholders (E);

1. Article 39 (1) 3 and Article 37 (1) of the Mutual Savings Banks Act concerning the facts constituting an offense;

1. The Defendant’s alternative fine for punishment reflects his fault, the Defendant has no record of criminal punishment except for a fine imposed once 15 years prior to the imposition of a fine, and the loan is repaid in full, and the above credit extension is the same.