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(영문) 춘천지방법원 영월지원 2014.07.04 2013고단549
업무상배임등
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.

(e).

Reasons

Punishment of the crime

1. A defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (private financial brokerage, etc.) shall not lend money, guarantee or take over debts, or arrange such lending on his/her own account or on the account of a third party other than the affiliated financial company, etc. for his/her own interest or the interest of a third party other than the affiliated financial company, etc. as the director of the D

Nevertheless, on April 25, 201, the Defendant offered that, in the above community credit cooperative around April 25, 2011, E, a member of community credit cooperative, needs additional loans in addition to KRW 120,000,000,000, which is an existing loan, and in the community credit cooperative, it is difficult to grant additional loans to a third party on behalf of the community credit cooperative, and instead, it is allowed to arrange for E to obtain loans at the first three months, 12% per annum, and the subsequent three months, at each interest rate of 24% per annum, 60,000,000 won amounting to 10% of the loan under the pretext of prior interest.

Accordingly, the defendant, as an officer or employee of financial institution, arranged a loan of money to a third party's account for the benefit of a third party.

2. On October 27, 2008, the Defendant is a person who has been engaged in the duties of lending while working as the director of the D Saemaul Depository, the victim in Gangwon-gun C from around October 27, 2008.

According to the internal regulations of the above community credit cooperative, the overdue interest reduction amounting to five million won or less shall be reported to the board of directors after the approval of the chairperson, and in the case of the overdue interest reduction amounting to five million won or less, it shall be approved by the board of directors. Therefore, in the case of the overdue interest reduction amounting to five million won or less, it shall be handled in accordance with legitimate procedures, such as obtaining prior approval from the board of directors

Nevertheless, the defendant, on January 31, 2013, has internal regulations of the above community credit cooperatives.

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