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The defendant shall be innocent.
Reasons
1. The Defendant is the head of the branch office in Incheon B (hereinafter “B association”) from February 21, 2006 to January 3, 2008, the head of the branch office in B association from January 4, 2008 to June 30, 2010, the head of the branch office in B association from July 1, 2010 to June 30, 2013, the head of the branch office in B association from July 1, 2010 to June 30, 2013, the head office in B association from July 1, 2013 to March 31, 2015, and the person working as the head office in B association from July 2, 2017 to July 31, 2017.
On October 15, 2010, the Defendant was aware of the relationship between B and B, such as receiving loans from B and others, at around October 15, 2010.
D upon the request of “a request for lending money due to shortage of living capital,” the Defendant’s parent E and F loaned KRW 10 million to D as non-interest, using loans granted by B under the name of his parent E and F, and around that time, from around 10 to July 29, 2016, the Defendant loaned KRW 59,800,000 in total over 10 times as shown in attached Table No. 1 of the daily list of crimes.
In addition, from September 13, 2010 to May 22, 2017, the Defendant used the status of executive officers and employees of financial institutions in the same way, and used them to manage credit customers for the relevant branch, as the head of a partnership B, and used them to make loans to the borrower as non-interest, the Defendant loaned total of KRW 1,441,00 to 15 persons, such as the foregoing D, as indicated in the list of crimes in the attached list of crimes.
2. Determination
A. Among the crimes provided for in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, in order to establish a lending of money, it is a requirement that an officer or employee of a financial institution has made a lending of money by taking advantage of his/her position. Here, the phrase “loan of money by taking advantage of his/her position” was impossible if it was not in the position of an officer or employee of a financial institution.