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(영문) 수원지방법원 2013.04.10 2012고단5609
업무상배임
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is a person who exercises overall control over loan business, such as loan review, appraiser, etc., at the victims E Saemaul Bank of Korea (hereinafter “victims’ Credit Union”) located in Suwon-gu.

On March 2009, the standards for land-backed loans by community credit cooperatives were 80% prior to the maximum amount of loans in the case of land-backed loans, and the minimum interest rate at the time was 6.4%, so there was a duty to comply with the above standards in performing land-backed loans services.

Nevertheless, around March 19, 2009, the Defendant was provided as security by F with F’s land in the Hayang-gun, Chungcheongnamyang-gun, the Defendant, as an obligor, with the land of F, in order to cover the loss apportionment of the case of the Defendant’s fraudulent loan amounting to KRW 160,000,000,000, in violation of the duty to comply with the criteria for loan examination. Thus, even if the Defendant’s and his mother’s mother who provided additional security in addition to the above land, the total amount of the security offered was less than KRW 80,000,000,000,000,000,000 won per annum, it was difficult to recover the loan by lending KRW 16,00,000,000 by applying the interest rate of KRW 0.01% per annum.

As a result, the Defendant acquired financial benefits equivalent to KRW 160 million and its interest, and caused property damage equivalent to the same amount to the damaged safe.

2. Although the defendant alleged that he had carried out the loan of the damaged credit cooperative as stated in the facts charged, he did not have the intention of breach of duty and breach of trust.

3. The following circumstances acknowledged by the prosecutor’s judgment and the evidence submitted by the Defendant, i.e., (i) the victimized credit cooperative incurred a loss of KRW 290 million due to the loan received after providing another person’s real estate as collateral with his/her identification card forgery on February 209, and then covered the said loss.

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