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(영문) 대구지방법원 의성지원 2018.11.29 2018고단62
업무상배임
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 190, 1990, the Defendant joined the Victim C Association located in the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and worked as the director from October 2014 to June 2017, and took charge of credit business, such as lending.

With regard to the calculation of the possible amount of loan, the land category of the damaged association shall be determined according to the actual use of land which is not the land category in the public record, and the comparative table shall be designated as a place identical or similar to the security and the status of the use of the land in the region, land category, and the forest designated as a preserved mountainous district. The acquisition of security is restricted, forest land provided by a third party may be acquired as security through deliberation by the Examination Committee, and other factors may be applied up to 180% only if objective data exist in the calculation of the land price (applicable only to less than 130% if no evidence exists). In calculating the unit price of a new building, the scope of the lending limit is regulated by providing for the following reasons: (a) the unit price of a structure corresponding to the use (main, commercial) and material of the building should be applied.

1. In granting a loan to D on October 28, 2014, the Defendant violated his/her occupational duty to comply with the provisions of the Credit Operating Manual that requires the same or similar land as a comparative security and the status of the use of the comparative standard land to be designated as the same or similar land, even though the land category located in the planned control area was “site for a factory” and the assessed value by the method of selecting the industrial “industrial site” as a comparative standard land at KRW 90,200,02.

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