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(영문) 대구지방법원 경주지원 2021.02.16 2020고단762
업무상배임
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall evaluate the debtor's financial status, credit standing, and value of the security in determining whether to grant a loan, and loan money. When acquiring a security in accordance with the provisions of D Credit Business Regulations and Credit Business Regulations, the defendant shall appraise the security without delay. The land shall be appraised by the standard method of public disclosure, the comparison method of the transaction cases of buildings, the standard market price of the market price, and the comparison method of transaction cases. The comparison method of transaction cases shall apply to the case where it is possible to grasp the transaction cases on the premise of the existence of the ordinary market. The transaction cases shall be determined by the transaction agreement approved as objective data, the transaction price on the register, compensation (evaluation), the successful bid document, the public sale permit, the public auction bond, the public auction bond, the general sale contract with an appraisal agent, the appraisal report with an official seal, or the general sale contract with an appraisal agent, etc. (the transaction price shall not be recognized as the transaction price at the time of lending, the appraisal method at the time of the appraisal report, and other method of appraisal and assessment of the national land price at the time of each transaction.

1. The Defendant, on June 27, 2013, received a loan equivalent to KRW 115,00,00 from E, and according to the D Credit Business Regulations and the Credit Business Method at the time, the market price of the security should be assessed based on objective evidentiary materials, and the value of the security should be calculated by applying the 60% maintenance rate (LTV) for the security.

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