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(영문) 부산지방법원 2017.11.17 2017고합228

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From May 12, 1993 to June 11, 2014, the Defendant is a person who served as an employee of the D Saemaul Savings Depository, and was in the position of a working-level manager from August 12, 2007 to June 2014.

As an executive or employee of the Saemaul Treasury, the defendant has a duty to fairly examine and evaluate the appraisal of a security for the collection of loan claims in accordance with the regulations of the credit cooperative, and to take reasonable and reasonable measures, such as receiving sufficient security.

1. On October 2012, the loanF related to the building Daejeon E applied for a loan of KRW 300 million to the D Saemaul Treasury office located in the Dong-gu Busan Metropolitan City, F as the principal debt holder, H as the collateral provider, and on December 6, 2010, for a loan of KRW 790,000,000,000,000 awarded in the International Auction case of Daejeon District Court, Daejeon District Court Decision 200,000,000 won, which was awarded in the amount of KRW 790,000,000,000,000,000 won.

However, on May 3, 2010, the above collateral was awarded to F in KRW 112.5 million in the J Auction case of Daejeon District Court, and F was set at a higher price than the market price. On May 12, 2010, K as creditor, set at KRW 150 million in the above collateral and KRW 6.5 million in the maximum amount of bonds. K had K file an application for auction on June 15, 2010, and it was awarded a successful bid of KRW 7,90,000 in the above collateral. In fact, F borrowed money from the above K in the name of investment in the above collateral and borrowed money from KRW 10,100,000 in the maximum amount of bonds: ① KRW 15,50,000 in the amount of bonds and KRW 1,50,000 in the amount of bonds; ② KRW 1,500,000 in the method of sale of the collateral and KRW 2,100,000 in the above collateral.