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Defendants are innocent.
Reasons
1. A summary of the facts charged is as follows: (a) around January 20, 2005, from January 200 to January 20, 2006, Defendant A divided the National Agricultural Cooperative Federation and established the Nonghyup Bank Co., Ltd., Ltd. and (b) at present, from March 2, 2012, the Nong Bank Co., Ltd., Ltd. (F branch offices; hereinafter “ Nong Bank”).
b. F branch’s vice head was engaged in the overall management of banking affairs, and Defendant B was engaged in various projects, including loan savings, and management of guest rooms, from February 19, 2005 to February 5, 2007.
On July 28, 2005, in order to ensure the repayment of the debt amounting to KRW 500 million to G, an excellent customer of the agricultural cooperative, G, the debtor to the Nong Bank, in violation of the occupational duty that the injured Nonghyup should not be charged with false debt at the above F Branch Office, and thereby to guarantee the repayment of the debt amounting to KRW 500 million to G, the Defendants, at the above F Branch Office, prepared a loan certificate with the debtor F Branch Office F, and had the victim bear the debt amounting to KRW 500,00,00
Accordingly, the Defendants conspired to obtain property benefits equivalent to KRW 500 million from G and caused property damage equivalent to the same amount to the victim.
2. Public prosecutor and defense counsel's assertion;
A. The prosecutor’s assertion is the employee of the F branch of the Nonghyup Bank, and the Defendants have contributed to G to improving the deposit and loan performance of the F branch of the Nonghyup Bank. As such, the Defendants’ act is related to the operations of the Nonghyup Bank.
In the F Branch Office of the Nonghyup Bank, the Defendants: (a) affixed the name seal of the branch office in the instant loan certificate and attached the certificate of the seal impression to the Nong Bank F Branch Office; and (b) said G Branch Office F was the obligor of the said loan agreement.
Therefore, there is a risk that the Nonghyup Bank is liable for the debt of the loan certificate of this case, and there is a possibility that it bears employer responsibility.