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(영문) 서울남부지방법원 2014.10.15 2014고합126
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment for three years, Defendant B and C shall be punished by imprisonment for two years and six months, respectively.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

Defendant

A is a person who works as the representative director of N Co., Ltd. (hereinafter referred to as “N”) from around August 22, 2007 to June 29, 201, and was in charge of N’s overall credit business, such as N’s loan business, from around January 22, 2007 to around June 29, 201. Defendant C is a person who works as the representative director of N Co., Ltd. (hereinafter referred to as “N”) and was in charge of N’s credit business from around May 2, 2007 to around July 201, 201, and was in charge of various proposals related to N Co., Ltd.,’s loan business, such as N’s loan business. Defendant B is a person who was in charge of N Co., Ltd’s loan business from around May 207 to around July 2011.

1. The Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) deals with the loan business as resources, so the executives and employees have the duty to evaluate the financial ability and credit status of the debtor when they deal with the loan, to thoroughly analyze the risk characteristics of the loan, the guarantee agency’s payment guarantee letter, etc., and to prevent damage to the N by maintaining the soundness and profitability of the loan by taking into account the purpose and location of the loan in question, the size and period of use of the fund in question, the actual borrower’s loan, etc. In granting the loan approval, only if it is deemed that there is no obstacle to the collection of the loan, such as acquisition of security, the guarantee agency’s payment guarantee letter, etc., on condition that the representative director finally approves the loan.

The vice president Q of the PP PP against PO was entrusted with a loan from PO directors and asked T, a S Group's general team leader, to grant a loan, and there is a defect that T should review the loan to PO to Defendant B, and Defendant B.

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