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(영문) 창원지방법원 마산지원 2016.11.23 2016고단476
업무상배임
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. Defendant A served as the president of the Victim E (hereinafter “victim”) located in Chang-si, Chang-si, Masan, from January 25, 2004 to April 24, 2015, and took overall charge of the overall duties of Defendant A, such as taking charge of the duties of receiving credit and determining the operation of surplus funds. Defendant B, from November 1, 1999 to December 31, 2007, is the head of the division and the head of the division, and from January 1, 2008 to April 24, 2015, was in charge of the duties of taking charge of taking charge of the duties of receiving credit and determining the operation of surplus funds of the Victim’s credit cooperative.

When the Defendants operate surplus funds of a credit cooperative, they are engaged in the business of operating surplus funds of a credit cooperative by stable investment methods in order to secure and maintain soundness rather than promoting the increase of assets of a credit cooperative even though they actively take the risk in accordance with relevant statutes, such as the Community Credit Cooperatives Act and the enforcement guidelines for supervision of community credit cooperatives (hereinafter referred to as "implementation regulations").

Pursuant to Article 43 subparagraph 4 of the Enforcement Rule, the operation of beneficiary certificates related to real estate shall not exceed 10/100 of the base amount on the day immediately before the operation of the beneficiary certificates in managing the surplus funds of the community credit cooperatives in a crime related to the purchase of beneficiary certificates of "Dara New Zealand Skz 14", and the Defendants had occupational duties to comply.

Nevertheless, around September 5, 2007, the Defendants purchased the beneficiary certificates “F Co., Ltd. (F) with a surplus of KRW 2.5 billion (hereinafter “F”) in the victim’s safe’s depository’s above office,” and “No. 14 of the Dan New Daily Real Estate Investment Trust 14” sold by the Gwangju Bank, and around September 5, 2009, the principal loss amounting to KRW 1,322,753,394 was incurred.

However, the limit of operation of beneficiary certificates related to real estate as of the day immediately before the operation of the above safe was 6,537,286,367.

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