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(영문) 서울중앙지방법원 2014.05.02 2013고합1108
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendants shall be punished by imprisonment for one year and three months.

However, with respect to Defendant B, for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 1, 2013, Defendant A was sentenced to 7 years of imprisonment and 360,000,000 won in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), and Defendant B was sentenced to 3 years of imprisonment in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), and each of the above decisions became final and conclusive on April 24, 2014.

[Status of Defendant B and his accomplice] Defendant B, who served as the representative director and the chief executive officer of the Plaintiff Company I (hereinafter “I”) located in Nam-gu Incheon Metropolitan City from October 21, 2004 to September 18, 201, is a person in charge of controlling the credit collection business, etc. of the said Savings Bank; Defendant A, who is a general executive director in charge of I’s credit extension from November 12, 2004 to September 18, 201, is a person in charge of the said Savings Bank’s credit extension business.

On the other hand, the J operated L Co., Ltd. (hereinafter “L”), M Co., Ltd. (hereinafter “M”), N Co., Ltd. (hereinafter “N”), P Co., Ltd. (hereinafter “N”), P Co., Ltd. (hereinafter “P”), and Q (hereinafter “P”), etc. to operate the business of the implementation of the Pyeongtaek Chang-gun, Gangwon-do.

1. A mutual savings bank violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) manages the business of lending deposits of customers as resources. Therefore, in order for executives and employees of a mutual savings bank to determine whether to grant loans to applicants for loans, a thorough evaluation and analysis of the financial ability, credit standing, possibility of collection of claims, etc. of the company they want to obtain loans shall be conducted, and when granting approval for loans, a joint guarantor shall be secured or a joint guarantor shall be secured, and a credit loan shall be secured only for those who are deemed not likely to impede the collection of claims, and the soundness and profitability of loans shall be maintained through strict loan review and measures

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