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(영문) 대구지방법원 김천지원 2019.02.12 2018고합53
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

From March 9, 2010 to March 8, 2014, the Defendant, as a standing director of the victims C&A (hereinafter referred to as “C”) located in the Gu and America, was engaged in the business of determining whether to grant a loan by taking overall charge of credit business, insurance agency business, and related incidental business.

When determining whether to grant a loan or not, the defendant must evaluate the borrower's ability to repay, intent to repay, adequacy of security, and the guarantor's guarantee ability in accordance with the victim C's credit business method, so that the loan can be safely recovered. In order to avoid the provision, a loan shall not be granted to a person who applies for a loan using another person's name. In the case of a real estate mortgage loan, the loan has a big amount of loan, while the price of a security may vary depending on various factors, there is a duty to pay attention to the loan.

Nevertheless, around March 2013, when the Defendant received a request from C office for a loan of 10,467 square meters of land F Co., Ltd., Ltd., F in Bocheon-si, as collateral, from D, for a loan of 75% of the collateral recognition ratio, under the condition that the loan applicant would offer 10,467 square meters of land B, which is located in Bocheon-si, as collateral, the Defendant was unaware of C by providing the victim as collateral using the forged resident registration certificate of G and the false personal seal certificate of G with the false issuance during the loan of KRW 4 billion, and ordered H and I to assess the amount available for the loan.

Therefore, the above loaner considered the Defendant as the amount of 1.6 billion won, taking into account the appraised value of the collateral and the rate of 6.5%, but the Defendant, on April 12, 2013, shall be the J as a partner and shall be the members.

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