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(영문) 서울서부지방법원 2017.04.26 2016고단2746
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the D Saemaul Treasury located in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the "victim Saemaul Treasury"), has been in office as a regular business from November 1, 1989 to December 15, 2015, and has overall control over the duties of the above Saemaul Treasury.

"2016 Highest 2746"

1. On August 3, 2010, the Defendant in breach of occupational duty filed an application for a loan in the name of his spouse under the name of his/her spouse with a building and its site (hereinafter “real estate of this case”) with the Defendant’s Saemaul cooperative office located in Mapo-gu Seoul, Seoul, the Defendant owned as the Defendant, by taking into account the loan of the victim Saemaul cooperative, security evaluation, etc. In accordance with the loan business regulations of the Saemaul cooperative, credit operating rules, credit operating rules, accident prevention measures, etc., the Defendant shall conduct an objective appraisal of the real estate of this case, which is a security, by analyzing the land price of the land of the land of this case, and comparative law of transaction cases, even if it is a situation in which the market price of the security has increased or is likely to increase due to the development of the land at the time of the loan execution, etc., by making inquiries through multiple real estate brokerage offices, on the actual evaluation of the market price through the real estate agent, and by preserving the loans of the victim and preventing losses incurred from loan collection.

Nevertheless, the Defendant’s purchase price of the instant real estate is KRW 95 million, and on August 31, 2010, the base price for the publication price of multi-family housing by the Korea Appraisal Board (Korea Appraisal Board) on August 31, 2010 was not equivalent to KRW 124 million, but it did not undergo such objective collateral appraisal as above, and was an employee of the Defendant with interest in the loan practice without undergoing such objective collateral appraisal.

G purporting to the effect that the market price confirmed by the neighboring real estate intermediary business entity in relation to the appraisal of the instant real estate should be KRW 384 million, and that it should be implemented as it is, the objective basis for G as above.

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