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(영문) 춘천지방법원 강릉지원 2012.08.02 2012고합17
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The Defendants publish the summary of the judgment on each of the Defendants not guilty.

Reasons

1. A summary of the facts charged is the E head office of a victim D Livestock Industry Cooperatives (hereinafter “victim D Livestock Industry Cooperatives”) with overall control over the loan business of the said branch; Defendant B is a standing director of the victim livestock industry cooperative, who is a standing director of the headquarters of the victim livestock industry cooperative; and Defendant B has overall control over the loan business of the victim’s livestock industry cooperative, such as determining whether to approve the loan after examining the request for

The victims' credit business method provides that "a loan shall not be extended in excess of KRW 500 million if it is based on the total amount of assets for the same person." As such, the E branch head and the executive director in charge of loan business who complies with the lending limit to the same person and does not deal with loans using another person's name for the purpose of avoiding the lending limit to the same person, and as a standing director in charge of the loan business, the defendants were engaged in not only in complying with the lending limit to the same person, but also in the course of the lending business, such as thoroughly investigating the business status and prospect of the lending debtor at the time of the lending and the purpose of the lending limit to the same person, and whether the economic value of the provided collateral is insufficient, etc.,

Defendant

A shall direct the employees in charge of G, etc. to prepare related documents, such as a loan application, after consulting F with F as the head of the E branch, and Defendant B, as the final approving authority for the loan, shall share the role in approving the fact that the loan limit is violated by the same person and the loan to another person under the name of the same person after receiving a report from Defendant A as the final approving authority for the loan. On July 4, 2006, at the victim stable E branch in Thai-si, Thaik, Thai-si, I in violation of the above occupational duty, and it was known that the F borrowed loan was borrowed in the name of the I to receive a loan exceeding KRW 50 million, and provided as security by F.

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