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(영문) 수원지방법원 2016.11.17 2015고합632
업무상배임
Text

Defendant

C Imprisonment with prison labor for four years, for each of the defendants A and B, shall be punished by imprisonment for ten months.

However, with respect to Defendant A and B,

Reasons

Punishment of the crime

Defendant

C A around September 20, 2008, a person who entered the Victim F Association located in E (hereinafter “victims Association” or “instant association”) and worked as a deputy head in charge of credit extended to the Victim Association from around October 24, 2012 to around October 24, 2012. Defendant B entered the Victim Association around October 6, 1997 and worked as a deputy head in charge of credit extended to the Victim Association; and Defendant B was a person who was in charge of overall credit management duties of the Victim Association from around October 24, 2012 to around October 24, 2012. Defendant A was the chief of the Victim Association from February 2008 to January 2013.

1. Defendant C

A. A. Around November 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in trust) entered into a contract with D to purchase approximately 118,000 land on 45 lots of land (hereinafter “the instant real estate”) such as forests and fields located in The wife population H in the G race-si. In this case, the Defendant received an application for “a loan of KRW 4 billion in the name of 8 persons, such as D, in the name of 8 persons, including D.”

In such a case, the defendant, who is in charge of the credit business of the victim union, shall acquire a security prior to the execution of the loan, and if it is difficult to obtain a security right prior to the commencement of the loan, take appropriate measures to preserve claims, such as the entry of the guarantor, and the defendant has the right to speak that there is a problem to the chairperson of the above clan, who is the seller of the above secured real estate. Therefore, the contract of this case has been concluded effective, and the above real estate has the duty to secure sufficient effective security for the loan after examining and ascertaining whether the contract of this case has been made effective, and whether the establishment registration of the collateral for the above real estate has been made effective.

Nevertheless, around November 25, 2010, the defendant is at the victim's partnership office.

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