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(영문) 서울중앙지방법원 2013.11.19 2012고합466
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, Defendant 3, such as the sale of CMN to the (State) CL Bank.

Reasons

Punishment of the crime

[2012 Gohap466] Based on the facts acknowledged by legitimate evidence investigation of this court, this part of the criminal facts was revised as follows to the extent that it does not infringe on the identity of the facts charged and the defendant's right to defense.

1. The CP’s duties on the part of the CP (ju) bank were assigned to the chief executive officer and the chief executive officer of the CP bank (hereinafter “CL bank”) located in Hopo City from around 2004 to August 25, 2008, and from November 17, 2009 to April 29, 201, the CP bank held office as the chief executive officer and took overall charge of all business affairs including the CL bank’s credit business during the period when the CP bank did not hold office as the chief executive officer.

The CP’s duty is to prevent the bank from causing the risk of insolvency due to the concentration of large credit extension to an individual borrower by complying with the limit of individual borrowers as stipulated by the Mutual Savings Banks Act. In performing a loan, the duty is to obtain sufficient physical and personal security in accordance with the loan-related regulations and the regulations on the investigation of security, etc., taking into account all the circumstances such as the appraised value of security, actual transaction amount, court auction rate, etc., and take into account the examination of the collateral value and the ability of the applicant for the loan, and to take appropriate and reasonable measures to ensure the recovery of the loan claims, such as the examination and approval of the loan, so as not to inflict damage on the bank.

2. (State) The COA Bank acceptance process CP intended to accept the COA Bank (hereinafter “COM Bank”) with its funds, but if the COM Bank disclosed outside, it is likely that the issue of acceptance will arise, and the Defendant requested the Defendant to proceed with the entire process, such as contact with the president of the COA Bank and the implementation of contract procedures. The Defendant consented to the proposal by the president of the COA Bank at around October 2008, and then requested the COA Bank to proceed with 100% of the shares of the CO bank from the CDR around 200 billion won.

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