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(영문) 서울고등법원 (춘천) 2012.11.07 2012노157
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is sufficient to deem that there was an act of breach of duty or an occurrence of property damage, such as by performing loans on the basis of only the appraised value by an external appraisal institution in violation of the provisions regarding the lending limit of the same person, notwithstanding the opposition by the working-levels in charge of lending, and thus, the judgment below which acquitted the Defendants of the facts charged of this case is erroneous in matters of mistake of facts and misapprehension of legal principles.

2. In full view of the evidence duly admitted and examined, the court below found the F's loan process of this case, the process of the victim's stable loan and the Defendants' role, and the provisions related to the victim's stable loan. In light of the above facts, each of the loans of this case was somewhat unreasonable for the Defendants to have been executed by the actual debtor of each of the loans of this case even though the actual debtor was aware that each of the loans of this case exceeded the loan limit of the same person. However, on the other hand, when considering the appraised value and appraised value of the external appraisal appraisal appraisal agency at the time of the loan of each of the loans of this case as to each of the real estate collateral of this case and the appraisal value at the auction case, the Defendants determined that the defendant provided sufficient security within the appraisal price of the external appraisal agency in accordance with the internal policy or atmosphere of the victim's stable consultation that recommended the performance of each of the loans of this case under the competition of financial institutions. Thus, each of the loans of this case resulted in the risk of property damage or damage to the victim's stable.

Each of the loans of this case intentionally under the awareness that it causes damage to a third party with knowledge of the fact that the risk of damage to property or property is likely to cause damage to the principal.

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