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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding and legal doctrine 1) It is true that the Defendant conducted a loan without complying with the total debt repayment ratio (DTI) provision (hereinafter “DTI provision”) on a total of 29 occasions from October 23, 2009 to July 11, 201, as shown in the list of crimes in the attached sheet of crimes.
However, since it is unclear at the time that it should comply with the provisions of the DNA I in the early stage of the application of the DNA I system, the Saemaul credit cooperative, which was more than 90%, did not comply with the provisions of the DNA, and from September 2010 to March 201, the Saemaul credit cooperative federation set the above period as the exclusion period from the application of the provisions of the DNA I, and urged each Saemaul credit cooperative to make a lot of loans by excluding the provisions of the DNA I from each Saemaul credit cooperative.
B. At the time of AB, D community credit cooperatives were unable to continue to continue to provide a loan without complying with DTS provisions with the consent of all directors on July 22, 2010, because it was difficult for D community credit cooperatives to continue to continue to provide a loan without complying with DTS provisions with the consent of all directors. Subsequent to the exclusion of the application of DI provisions, it was loaned in accordance with the general security loan standards based on the value of real estate offered as security or the repayment ability of the applicant for the loan, and there was no loan exceeding LTV (effective security value) in the process.
B. A total of KRW 137.6 million out of the loans of KRW 2.18 billion, among the loans executed by the defendant while he/she was in office as the president of the D Saemaul Treasury, was not recovered, and the remaining loans are repaid in normal terms, and the interest rate was paid in most of the loans not later than the auction.
The defendant's non-compliance with the provisions of DTI and the D Saemaul Treasury is maintained in the share of the interest income accrued from the loan implemented by the defendant, and if the defendant did not implement the loan in accordance with the provisions of DTI strictly, the D Saemaul Treasury has already become bankrupt due to the lack of income.