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(영문) 대구지방법원 2014.01.16 2013고단2032
업무상배임등
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has overall control over credit affairs as a full-time director of the FF Saemaul Fund in Daegu-gu E, and Defendant B is a person who has been in charge of credit affairs as the regular director of the FF Saemaul Fund.

Since G has been paying interest by lending a large amount of money from the F Saemaul Fund from around 2006, the Defendants excessively assessed the value of the collateral provided by G in order to raise the performance of the loan by implementing additional loans to G, and ordered G to implement a loan exceeding the lending limit to the same person.

1. Loans to the same person by the credit cooperative that violates the Community Credit Cooperatives Act shall not exceed the larger amount between 20/100 of the total amount of investments and reserve funds or 1/100 of the total assets;

As of June 2009, the loan limit of the above FF Saemaul Fund was KRW 406,572,832 (total assets KRW 40,657,283,239 x 1%) and the debtor G had already been loaned a total of KRW 473,00,000 from the above FF Saemaul Fund ( KRW 160,000,000 on March 28, 2006; KRW 268,00,000,000 on July 12, 2006; KRW 45,000,000,000 on August 2, 2007; KRW 45,000,000 on August 2, 2007; and the Defendants conspired to make a loan to the above G by adding a third party to the loan title.

According to the above public offering on June 5, 2009, the Defendants extended 200,000,000 won to the above G by borrowing the above public offering’s friendship H from the above public offering, and extended 650,000,000 won to the above G on five occasions, such as the list of crimes in the attached list of crimes.

2. Although a person in charge of credit business in breach of trust should accurately evaluate the value of the collateral provided by the debtor, and ensure that the limit of credit to the same debtor does not exceed the limit of credit to the individual debtor, the defendants excessively evaluate the value of the real estate provided as collateral by G for additional loans, and lend the loan in the name of a third party.

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