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(영문) 서울중앙지방법원 2012.11.16 2012고합26
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for four years, Defendant B and C shall be punished by imprisonment for two years and six months, respectively.

However, Defendant B and C.

Reasons

Criminal facts

Defendant

A, from July 2004 to March 2010, as the representative director of the N Co., Ltd. (hereinafter referred to as the “N Co., Ltd.”) and from March 2002 to January 2009, A, as the representative director of the KAB, was in office as the representative director of the KAB and managed the overall operation of the NAB and the KABA and the KAB.

Defendant

C from May 2, 2008 to May 18, 2010, from May 2, 2008, it served as the representative director of the company affiliated to the NBA, and Defendant B served as the head of the investment department of the KBO.

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. The duties of Defendant A, who is a representative director to manage overall operation of the NBAD Investment Bank Group for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust) (Defendant A and B) concerning the urban development project of the PPS Bank, have a duty to prevent any damage to the company from causing a payment guarantee through the procedures to ensure sufficient security in the event that an affiliated company of the group guarantees the payment of loans to a bank

Defendant

A indicated in the facts charged without seeking considerable and necessary measures to control and supervise the lending source of PBS in order to prevent damages to the PBS in accordance with the joint and several guarantee of the above loans, while the contents of the examination of the witness in the court include the contents of the above duties in the examination of the witness in the court, and the defendant's sufficient defense opportunity was guaranteed. Thus, the contents of the examination of the witness in the court shall be modified ex officio without changing the indictment to recognize ex officio.

Defendant

B The LAB shall pay the above loans to the KAB Bank.

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