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(영문) 대전고등법원 (청주) 2016.11.17 2015노162
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below accepted only the defendant's lawsuit and acquitted the defendant, even though it is sufficiently recognized that the defendant arbitrarily forged the loan documents of this case without the consent of the representative director of the victim G Co., Ltd. (hereinafter "G") and bears the obligation to guarantee the performance of his/her obligations, etc., in light of the summary of the grounds for appeal.

2. Determination:

A. The charges of this case 1) The defendant is in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and the E Cooperatives (E) located in the petition district in Cheongju-si.

A) Standing director of the Escience Complex from March 30, 2006 to March 31, 201 is a person in charge of general affairs, such as credit management, risk management, etc. of the said branch while working as a managing director at the Escience Complex branch located in F. G’s representative director H around August 18, 2009, lent KRW 1.25 billion to I at the Escience Complex’s branch around August 18, 2009, and repaid KRW 1.42 billion, including the principal and interest of the said loan, within two months. G is the name of J or the building of Chungcheongnam-gun, the actual owner of I (hereinafter “instant building”).

(3) The provisional registration of ownership transfer registration (hereinafter “provisional registration of this case”) is the provisional registration of this case

Along with this, I agreed to make a principal registration if I fails to repay the obligation within the above period, and then, on the 24th of the same month, I lent KRW 1.25 billion at the above point.

Afterward, the Defendant and I, around October 29, 2009, have difficulty in repaying the total amount of KRW 1.42 billion to H at the above branch. If the provisional registration of this case is terminated, the Defendant and I would first receive a loan as security and pay KRW 1.1 billion.

The remaining KRW 300 million is to be arranged cleanly for the security, etc. set forth in subparagraphs 301 and 401 of the building of this case, to be calculated as KRW 390,000,000 in total and KRW 780,000 in total and KRW 401, respectively, and H will complete the registration of ownership transfer in G name in which H is the representative director.

Provided, That a total amount of KRW 780,000 and a loan, which is 780,000 won.

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