상호저축은행법위반
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court (a fine of KRW 20 million, Defendant B, and C: each fine of KRW 7 million) is deemed unreasonable.
2. Of the instant crime, it is recognized that: (a) an additional loan was made on the ground of a nominal borrower, on the ground that the payment of interest on the existing loan in arrears may undermine the soundness of the financial structure of the bank and be audited; and (b) the interest on the actual borrower was paid by the borrower; and (c) the extension of credit to a major shareholder was made without collateral; and (d) all of the charges would pose a risk to the soundness of the bank; and (e) the nature of the crime is not good; and (e) the amount of illegal loan exceeds a total of eight
However, considering the following circumstances: (a) all the Defendants were the first offender without previous conviction; (b) the confession of the instant crime; (c) there was no evidence that there was substantial damage to mutual savings banks and general customers due to the instant crime; (d) most loans have been repaid up to the trial; or (e) efforts have been made to ensure the soundness of mutual savings banks by providing adequate security; and (e) other circumstances that are conditions for sentencing, such as the motive, means and methods of the instant crime; and (e) circumstances after the instant crime, the lower court’s punishment is deemed unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.