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(영문) 서울중앙지방법원 2015.11.27 2012가합513729
사해행위취소
Text

1.(a)

On March 18, 201, it was decided on March 18, 201 between the defendant and C with respect to real estate listed in the attached list 1 through 42.

Reasons

1. Basic facts

A. C 1) A (hereinafter “A”) is a final and conclusive criminal conviction against C from August 2001 to November 2008.

(2) On November 208, 2008, C, while being aware that a specific person who wishes to obtain a large amount of PF loan necessary for construction projects, etc., applies for a loan in cooperation with a borrower who borrowed the name for the purpose of avoiding the lending limit to the same person, has approved a total of KRW 358.79 billion, and the violation of the Aggravated Punishment Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (PF loan has a large amount of ordinary loans, while it is difficult for the borrower to receive corresponding collateral from the lender, should be careful in handling the loan because it is difficult for it to thoroughly manage the risk until the loan is terminated. However, C, without reasonable measures, was charged with damage equivalent to A, such as a total amount of loan by violating the lending limit to the same person.

As a result, the Daejeon District Court convicted C of the violation of the Mutual Savings Banks Act on June 17, 2009 and sentenced C imprisonment (2008Dahap559). In the subsequent appellate trial, the Daejeon High Court convicted C of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) which was acquitted in the first trial on November 2009.

(209No234). Although the defendant's side was dissatisfied with this, the Supreme Court sentenced the dismissal of appeal on April 29, 2010.

(209Do13868). (b)

On November 3, 1972, the defendant is married with C on November 3, 1972, and there is two occasions between them.

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