beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Of the facts charged in the instant case, a loan for breach of trust related to the enforcement project.
Reasons
Punishment of the crime
[2012Gohap701] The Defendant is a person who actually runs L, M, N,O, P, etc. (hereinafter each “stock company”) and is engaged in real estate enforcement business.
1. Around May 9, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) requested the Defendant to lend KRW 5 billion to the Defendant by means of discounting the bill issued in the name of S Co., Ltd. (hereinafter “T”) in the name of S Co., Ltd. (hereinafter “S”), as the representative director and the chief executive officer of Q Savings Bank (hereinafter “S Savings Bank”), who was in general in charge of all the business affairs including loan and management, etc., and requested the Defendant to grant a loan of KRW 5 billion in the name of S Co., Ltd. (hereinafter “T”). The R used the loans as an executive officer and employee of the mutual savings bank after having conducted a full investigation and examination of the possibility of recovery and taking necessary measures to collect the loan, and conducted the loan with caution to prevent damage to Q Savings Bank by violating this, without securing any specific security from the Defendant, and then lending KRW 5 billion in total to the Defendant around May 19, 2009 and around May 19, 2009
As a result, the Defendant conspired with R who violated the duties as an officer or employee of the mutual savings bank, acquired 5 billion won property interest, and suffered property loss equivalent to the same amount to the victims Q Savings Bank.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and occupational embezzlement;
A. A. Around April 2, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against L through U, a representative director in the name of the victim L and a financial manager of the Defendant.