logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2012.12.28 2012고정199
상호저축은행법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Defendant

A is the representative director, F, and G (each suspended indictment) of the E-Saving Bank in the event of Gyeonggi-do transfer, a staff member in charge of credit affairs at the E-Saving Bank.

A mutual savings bank is prohibited from extending credit to an individual borrower in excess of 20/100 of its own capital, and around March 12, 2008, the lending limit to an individual borrower under the equity capital of the E Savings Bank is KRW 4,755,00,000. Around that time, the said bank could not make a loan to an individual borrower in excess of the above amount. On August 20, 2007, the E Savings Bank extended KRW 4,70,000 to the (State) I, which was actually operated by H.

Nevertheless, the defendant and the credit staff F, and G made a loan to the J who borrowed the name of H, with the appearance of the loan, and then offered the loan to (i) by means of avoiding the provision on the prohibition of excess loans to the individual borrower limit to (ii) the State, and (iii) in the name of J around March 12, 2008 and then offered the loan to (iv) I.

As a result, the Defendant and F, and G extended the loans of KRW 4,755,00,000 to individual borrowers in excess of KRW 245,000,000,000 to I.

Summary of Evidence

1. Legal statement of the witness J;

1. Each legal statement of witness F and G in part;

1. Each statement corresponding thereto among the written statements made by the prosecution against K and H by the prosecution;

1. The standard amount of loans made on August 20, 2007;

1. Application of Acts and subordinate statutes to investigation reports (documents submitted to the E Savings Bank);

1. Article 39 (3) 4-2 and Article 12 (1) of the former Mutual Savings Banks Act (Amended by Act No. 10175, Sep. 23, 2010); Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the Defendant’s assertion on the charge of litigation costs under Article 186(1) of the Criminal Procedure Act

1. The defense counsel regarding the assertion of abuse of power to institute a prosecution of this case is the prosecutor’s institution of the prosecution of this case.

arrow