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(영문) 인천지방법원 2017.09.28 2017고합236
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

Defendant

A Imprisonment for three years and fines of KRW 50 million, Defendant B and Defendant C shall be punished by imprisonment for one year and six months, and Defendant D cooperatives.

Reasons

Punishment of the crime

The defendant "2017 High 236 (Defendant A)" is an employee in charge of credit affairs of the Nam-gu Incheon Metropolitan Government MD Cooperatives, B is the chief director in charge of the affairs of the above union, who manages the employees, and C is the general director in charge of overall credit affairs of the above union.

1. Joint crimes committed with the accused, B and C;

(a) No credit cooperative violating the Credit Cooperative Act shall provide a loan to the same person in excess of the larger amount between 20/100 of its equity capital as of the end of the immediately preceding year (20/100 of its equity capital as of the end of 2011: 826 million won) of its equity capital or 1/100 of its total assets (50 million won) of its equity capital as of the end of the immediately preceding year;

In that sense, around April 2013, when the representative director of the company mentioned above applied for loans of approximately KRW 1.546 million, and the defendant, who is an employee in charge of credit loans of D Cooperatives, extended additional loans to B and C to the above company, despite the fact that the excess of the credit limit for the same person of credit cooperatives would occur if he/she extended additional loans to B and C, B and C ordered the above company to continue loans to be extended to the above company and extended additional loans of KRW 5 million to the above company around April 5, 2013, from the above date to April 30, 2015, and extended loans of KRW 8.3 billion in total over 22 billion from the above company to the above company as the debtor for loans from around April 30, 2015 to April 30, 2015, to the same person from around 300,000 won in total from around 1, 2013.

Accordingly, in collusion with B and C, the Defendant loans more than the lending limit to the same person of the D Cooperatives.

B. Around August 201, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as veterinary materials) and Qu, and C loaned a sum of KRW 1.26 billion to R seven times in violation of the limit on loans to the same person in the course of the inspection by the Financial Supervisory Service around August 201.

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