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(영문) 서울서부지방법원 2014.11.28 2014고단1143
새마을금고법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been working as the president of the above credit cooperative from February 2, 2000 to January 2008, and from February 28, 2008 to February 28, 2008.

Loans to the same person of a credit cooperative shall not exceed the larger of 20/100 of the total amount of contributions and reserve funds or 1/100 of the total amount of assets. Loans granted on the account of another person on the account of the principal shall be deemed loans to the principal, and as of 2009, loans extended by the same person on the credit cooperative was equivalent to 51,3140,000 won.

On the other hand, around May 2008, the F representative G set up a collateral security on the apartment site in order to raise funds for land purchase costs and construction costs for H apartment construction works (I representative director J and director K) in relation to the implementation of the H apartment construction project located in Mapo-gu Seoul Metropolitan Government, and borrowed a loan equivalent to KRW 1.62 billion from the above credit cooperative, and the additional loan was required around May 2009, but it was difficult to extend the additional loan due to the excess of the credit limit of the same person.

Defendant around May 29, 2009 and the same year

6.2. At around the same time, G applied for a loan of KRW 4,150,00,000 by using the name of 14 apartment buyers, including J and K, in order to raise additional funds at the office of the president of the above credit cooperative office, G, while being aware that G actually applied for a loan by distributing the name in order to raise funds for the implementation project, G had L make a loan to G.

Accordingly, the defendant extended a loan exceeding KRW 51,3140,000 to KRW 3,6860,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to M, N,O, L, K, J, and G;

1. An investigation report (a report accompanied by a corrective order issued by the Federation of New Music Depository), an investigation report (F CompanyE Saemaul Savings Depository, corporate account, etc.);

1. Partial certificates of registered matters (E Saemaul Depository), agreements on loans (purchase of land and new funds), credit business regulations, certificates of facts, confirmations, and request for cooperation in investigation data;

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