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(영문) 수원지방법원 성남지원 2016.01.21 2015고합106
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment for two years, for five years, for five years, and for one year, for Defendant C, respectively.

However, the defendant.

Reasons

Punishment of the crime

"2015 Gohap 106"

1. Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (i.e., distribution) is a person who works as a branch office at M branch from March 2010 to January 2012 at a South Korean Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”) with the victim’s remaining agricultural cooperatives (hereinafter “neach Agricultural Cooperatives”) and takes charge of credit business.

Defendant

A, in January 201, with Defendant B, who was a bromoer located in N in Hanam-si, in front of the agricultural branch located in Y, in order to implement a loan for real estate development project by dividing into three household loans in the form of W, X, and Y, and dividing the false debtor into three household loans in the form of 23,350 square meters of land in Qupo-si, Kimpo-si, 1,354 square meters of land in Qupo-si, 1,353 square meters of land in Qupo-si, 1,353 square meters of land in C, 1,353 square meters of land in U forest, 1,353 square meters of land in U forest, 1,353 square meters of land in U forest, and 1,353 square meters of land in V forest (hereinafter collectively referred to as “each of the instant forest”).

O and Defendant B, in advance, entrusted the central appraisal corporation (hereinafter “central appraisal corporation”) with the appraisal of each forest of this case. Defendant A, on February 26, 2011, had Z personnel in charge of loaning agricultural cooperatives prepare a written request for external appraisal of the corporation, and received the written appraisal report on February 28, 201 from the central appraisal corporation on March 3, 201.

In this regard, although the price of each forest of this case purchased from AA and 4 persons at a similar time is less than KRW 1.5 billion, the appraisal report at least KRW 3.35178,000, the sum of the appraised value was appraised as high as above.

On the other hand, according to the loan regulations of the National Agricultural Cooperatives, if loans exceed one billion won to the same person or several debtors in a partnership relationship, the principal loan examination committee was conducted.

However, Defendant A, on March 4, 201, extended a loan to O in fact at the NA branch located in the Agricultural Cooperative located in the Republic of Korea on March 4, 201, and each of the instant forests in form.

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