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1. The Plaintiff, Defendant C and D, each of whom was KRW 79,200,00, and Defendant B, each of which was 39,600,000 and each of the said amounts.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established pursuant to the Community Credit Cooperatives Act for the purpose of receiving deposits and installment savings from its members or lending funds to its members.
From February 25, 2008 to February 25, 2012, Defendant B, while working as the president of the Plaintiff, took overall charge of all the business affairs including credit, and Defendant C, from July 2004 to October 17, 2012, took overall charge of credit and other business affairs. Defendant D, from around January 2008 to January 201, 201, was in charge of the Plaintiff’s business affairs while serving as the president of the Plaintiff, and from January 25, 201 to June 17, 2013, was in charge of the Plaintiff’s business affairs.
B. The Plaintiff loaned KRW 140 million to E on September 18, 2003, KRW 130 million on June 13, 2005, KRW 140 million on December 4, 2007, and loaned KRW 300 million to E on November 30, 2007, while the Plaintiff loaned KRW 150 million to E on June 23, 2008, KRW 300 million on a temporary basis after collecting KRW 300 million from F on the same day.
(hereinafter referred to as “instant loan”). The head of the team in charge of the instant loan was Defendant D and the working-level manager, and Defendant B, the president of the instant loan, gave final approval for the instant loan.
C. According to the relevant provisions, such as the Community Credit Cooperatives Act and the Plaintiff’s Credit Business Regulations, at the time of the instant loan, the Plaintiff’s loan limit was KRW 373 million for the same person at the time of the instant loan, and the same household members, spouse, lineal ascendant or descendant, etc. was stipulated to be regarded as the same person.
Defendant C and D were charged for committing an offense, etc. by lending KRW 590 million to E, etc. in excess of the standard amount of lending limit of KRW 373,000,000,000,000,000. Defendant C and Defendant D were punished by a fine of KRW 4,00,000 in this Court’s imprisonment for 10 months, and KRW 2,00,000,000.