Text
The judgment below
The guilty part of Defendant B is reversed.
Defendant
B A person shall be punished by imprisonment for a year and six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and the part concerning the occupational breach of trust against Defendant A (1) on May 25, 2007, in the case of a loan dispute settlement agreement and a joint and several liability joint and several liability joint and several liability-holders, a large amount of loans without taking adequate measures for recovery such as security, etc., even though they were unable to repay the loans due to the capital potential at the time of the loan, and thus, the crime of breach of trust is established.
(2) The crime of breach of trust is established since it is recognized that a loan was made without sufficiently reviewing the feasibility of the project and without taking necessary measures to recover the loan, due to the friendly relationship with the loan of KRW 21.4 billion with the loan of KRW 21.4 billion in relation to the implementation project of T, since it is recognized that the loan was made without taking necessary measures to fully examine
(3) The crime of breach of trust is established since a borrower in arrears related to the camco sales loan offered any additional loan without being offered any security, and there is no proof as to the fact that the possibility of business normalization was verified at the time of the loan, and only the portion used for any purpose other than the recovery of overdue interest among the additional loan was charged.
(4) On July 9, 2007, U.S. loan 1.5 billion won to U (U) was more than 5.7 billion won at the time of loan, and the stock offered as security was designated as management issues and did not have any value as security. The lending of KRW 1.5 billion to the AI savings bank was established even though it did not have any actual inspection conducted during the loan process by a certified public accountant as a limited liability company and there was no actual inspection conducted by a certified public accountant.
(5) On October 1, 2008, at the time of the loan of KRW 2 billion to the Bank of Bankruptcy Co., Ltd., the financial standing of the Bank of Bankruptcy V was extremely bad, and the collateral was substantially deficient, and the joint guarantor did not investigate at all the credit and financial status of the joint guarantor, and thus, the crime of breach of trust is established.
B. Defendant A and D