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(영문) 서울동부지방법원 2013.09.11 2012고합74
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor for each of the crimes listed in [Attachment 1, 2, and 3] Nos. 1, 2, and 4 and 5 of the judgment.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to a three-year suspension of the execution of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Sungwon District Court's Sungnam branch on January 21, 2010, and the judgment was finalized on January 29, 2010, and Defendant B was sentenced to a two-year suspension of the execution of imprisonment for the same crime in the same court on July 8, 2010, and the judgment was finalized on July 16, 2010.

1. Each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) (2012Gohap74- Defendant A) against the victim (the victim) as the actual representative director of Q (hereinafter “R”) and the (R) R (hereinafter “P”)’s representative director. A person who participated in the capital increase with the capital increase of P (P) P (hereinafter “P”) in the name of R around August 24, 2010, and was a person who was the representative director of P from September 3, 2010 to February 21, 201.

S as a representative director of P, when dealing with the secured loan business, there is a duty to properly evaluate and investigate the security value of the security, such as confirming the existence of senior security right to the security, the amount of secured claims, etc., and to provide a loan with an appropriate security. In the case of a credit loan, there was a duty to provide a loan in order to prevent any loss caused by the failure of the principal and interest of the loan due to the failure of the P by providing a loan after comprehensively examining the feasibility, profitability, assets

On July 2010, the Defendant became aware of S, and participated in P’s capital increase with the foregoing, and around October 2010, after S became the representative director of P, the Defendant was able to make payment of KRW 496 square meters for residential purpose in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government U through the “T”, which is close to S, one-time, one-year, one-year, and 70 million square meters for residential purpose, thereby allowing S to use it as a residence.

As above, the Defendant, in collusion with S during the period where he was close to S, has the value of the security as follows.

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