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(영문) 대구지방법원 영덕지원 2014.06.26 2013고합25

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A shall serve as the president of the victims' G Saemaul Fund located in the Nowon-gu Seoul Metropolitan Government, and a person who manages and supervises overall affairs, such as credit, mutual aid, organization, and personnel management, of G Saemaul Fund established as a non-profit corporation under the Community Credit Cooperatives Act. Defendant B is an intermediary who is responsible for overall affairs, such as the examination and approval of loans of G Saemaul Fund, mutual aid, etc., and the person who works as the director of G Saemaul Fund.

Defendant

At around August 27, 2009, A, along with I and I's wifeJ, as a certified judicial scrivener, and I, acquired the ownership of KRW 460,00,000 in total for the successful bid price with respect to the area of KRW 7,29 square meters in Gyeonggi-gun, Chungcheongnam-do through voluntary auction procedure. On May 2013, A, who was in office as the president of the G Saemaul Bank, was in office as the president of the G Saemaul Bank. On May 2013, A received a request from M, who is an employee of the funeral hall of the G Saemaul Bank, which was known to the public through the above I, to lend KRW 1,30,000,000 for the acquisition of the L Hospital's funeral hall outside N-gun, Gyeong-gun, and on its ground, ordered the Defendant B, who is an employee of the G Saemaul Bank, to examine whether it is possible to grant a loan to the above M.

However, on November 1, 201, Korea Land Trust Co., Ltd. already acquired the ownership of the above L Hospital site on the grounds of trust, and the Gyeongnam Bank has been designated as the first priority beneficiary of trust principal amounting to KRW 2,750,000,000, and thus, it is anticipated that the collection of the loan may not be ordered even if it is granted by the G Saemaul Bank, the Defendants decided to not make any loan or direct investment in the L Hospital of the G Saemaul Bank at the end of May 2013.

Meanwhile, from April 2013 to April 2013, Defendant A discussed about L Hospital operators’O, and the funeral home operator of the same hospital, M and Ma of the same hospital funeral home, and through the internal review process as above, Defendant A’s monthly sales of L Hospital funeral home amounted to approximately KRW 40 million.

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