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(영문) 청주지방법원 2014.07.04 2014고합36
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from November 27, 2002 to December 31, 2009, served as the representative director of the company in charge of the implementation of an urban development project of F (hereinafter referred to as the “F district”) located in the area of Chungcheong City as the agent company of the company in charge of the implementation of the urban development project, and controlled and managed all the affairs such as fund management.

In addition, from August 24, 2005 to September 30, 2009, the Defendant served as the representative director of the Hsports Center I (former trade name: J.), an executor of the Hsports Center in Chungcheongnam-gun. From June 28, 2006, the Cheongju-si implementation agent of the Cheongju-si (hereinafter “K zone”) operated the K-si Development Bank, the K-si Development Bank, the K-si Development Bank, the K-si Development Bank, and the K-si Development Bank, and from November 20, 2009 to September 20, 2009, the Defendant actually operated the K-si Development Bank, the K-si Development Bank, the K-si Development Bank, the K-si Development Bank, and the K-sports Center.

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) has a "short-term loan" of KRW 1,164,300,00 in total, including KRW 1,164,30,000 in the amount of KRW 936,30,00 in the case of the Fund in the financial year of 2007, and KRW 5,000 in the case of the Fund in the Bank of Bankruptcy, and KRW 223,00,000 in the case of the Fund in the case of the Fund in question, but the total amount of the above short-term loan was treated as a bad debt,

(F) The amount of net operating loss of the company as of December 31, 2008 is KRW 3,636,000,000,000 = 1,164,300,000 = 936,30,000,000. In December 31, 2008, the amount of net operating loss of the company as of December 31, 2008 was KRW 10,051,00,000, and the total debt was in excess of KRW 15,523,00,00,000, and the external auditor rejected the audit report in the fiscal year of 2008.

In other words, the victim bank was in capital potential after the end of 2007.

On the other hand, however,

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