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(영문) 서울고등법원 2016.02.03 2015나2053245
손해배상 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is a party-related one) on August 28, 2013, the J-Credit Union (hereinafter “instant Union”).

(2) E is an employee who served as a deputy head at the instant association from December 13, 2010 to May 31, 2013. The Defendant is an insurer who entered into an insurance contract for fidelity guarantee with the instant association as E, and the Defendant is an insurer who entered into an insurance contract for fidelity guarantee with the principal.

B. On October 201, the prosecutor of the National Credit Union Federation of Korea and the National Credit Union Federation of Korea under its disciplinary action accordingly (hereinafter “National Credit Union Federation of Korea”) demanded the instant union to take disciplinary action against the instant union on April 30, 201, on the ground of the disciplinary action of “an actor in charge of security loan handling, receiving money and other valuables, and dealing with loans using another person’s name” against E.

The amount of loss caused by the above illegal or wrongful acts asserted by the plaintiff shall be as shown in the attached Table 1 of the General List of Illegal or Illegal Acts.

Here, the term "comforcing act" means an act of failing to comply with the loan standards and regulations set forth in the union of this case.

C. Criminal punishment 1 for E) The Incheon District Court (2013Gohap583, 2014Gohap66, 2016, 2014, 20166, 23 April 23, 2014, with respect to each of the above provisions in the attached list Nos. 6, 12, 13, 15, 18 through 20, 25 through 29, and 41 in the attached list No. 2, recognized the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and sentenced to four years (hereinafter “the judgment of the first instance court

- List of guilt against E - Criminal Court Decision 2013Gohap583, 2014Gohap66 decided April 23, 2014

E was convicted of the total number of 2 to 12, 18, and 20 times a year in the annexed list of crimes, but the facts constituting the crime stated in the above two times a year are not included in the annexed list in the annexed list 2 of the judgment of this case.

The name of the lending on the date of the crime in attached Table 2.

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