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(영문) 서울중앙지방법원 2016.02.18 2014고단7282

업무상배임등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who became a member of the Housing Bank on August 8, 1988 and was merged with the National Bank of Korea, and worked as the head of the branch office D branch office of the National Bank in Gangnam-gu Seoul, Seoul, from February 5, 2010 to August 20, 2014, while working as the head of the F branch office of the Victim's Bank in Gangnam-gu, Seoul, from January 17, 2013 to August 20, 2014, and has overall control over all the duties, such as loan service.

As a branch director, the Defendant had a duty to manage the accounts and funds of customers in good faith, and to handle the business only when there is a legitimate request for withdrawal or loan of deposits and fund subscribers, and a request for redemption of the fund.

The Defendant, from around 202 to around 13, 200, invested in stocks and funds of relatives and customers for accumulation type funds, apartment resale, etc., but was unable to pay interest on loans due to losses of approximately KRW 1.7 billion, was in violation of his/her duties to withdraw deposits from the account under the name of the customers in charge of management, to repurchase the fund, to use the fund for lending, and to breach his/her duties. From January 11, 2010 to January 13, 2014, as indicated in the attached Table 1 and 2, the Defendant arbitrarily obtained financial benefits of KRW 145,924,726 in total from the account under the name of customers in charge of G and H, etc. by obtaining at will deposits, redemption of the fund, and credit card loans, and incurred property damage equivalent to the same amount to the victim.

The Defendant entered the Housing Bank on August 8, 1988 and served as the vice-branch of the National Bank F from January 17, 2013 to August 20, 2014 after the Housing Bank was merged with the National Bank.

Since around 2002, the Defendant invested funds of relatives and customers in stocks, accumulation-type funds, apartment resale, etc., but could not pay interest accrued from the loss of approximately KRW 1.6 billion, the Defendant received money as investment money from customers.