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(영문) 청주지방법원 2013.10.17 2011고합245
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

1. Loans extended to L as set forth in the crime sight table (3) No. 11 in the judgment of Defendant A.

Reasons

Punishment of the crime

[Personal Matters] Defendant A was sentenced to a suspended sentence of two years for a violation of the Mutual Savings Banks Act, etc. at the Cheongju District Court on January 19, 2009, and the above judgment became final and conclusive on May 6, 2010. On September 2, 2010, the Daejeon High Court sentenced a suspended sentence of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and a violation of the Mutual Savings Banks Act to a suspended sentence of ten months. The above judgment was finalized on September 10, 2010. On February 2, 2009, Defendant A applied for authorization of the establishment of the Ma Saemaul Community Fund (hereinafter referred to as “the Cheongju District Court”) with its president as the president, but it was anticipated that it was returned due to bad credit standing, etc., Defendant A was a person who performed the overall business of collecting credit from around April 9, 2009 to N, which was the president.

Defendant

B is a person who served as a person in charge of loan business as the head of credit of the above credit cooperative from April 9, 2009 to April 9, 201.

【Criminal Facts】

1. The Defendants were occupational duties to prevent property damage caused by impossibility of collection of loan by thoroughly examining the loan, such as the credit rating of the lender and the adequacy of the provided security, according to the loan regulations of the above credit cooperative, when making a loan as the actual president and the director of credit division of the above credit cooperative.

Meanwhile, according to the loan regulations, such as community credit cooperatives and credit business regulations, it is impossible to lend a loan out of its business territory, and see Article 39 subparag. 13 of the Regulations on Credit Cooperatives, Section 2 of the Regulations on Credit Cooperatives, Section 2 of the Regulations on Credit Guarantee Of Credit Guarantee Of Security, the principle of acquiring collateral and the restriction on acquiring collateral. (2) The limit of credit loan should be secured if the loan is implemented at least 30 million won. (3) A community credit cooperative, the size of assets of which is less than 50 billion won, exceeds 20 million won or is KRW 200 million per one security.

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