logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.03.25 2015노1360
업무상배임등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendants submitted a written confirmation of real estate market price which assessed the market price of the pertinent real estate in an amount higher than the actual sale price when applying for a loan to the victim I Saemaul Bank using the real estate purchased by them as collateral.

The public prosecution of the victim I, the director of the loan division of the Saemaul Bank, and K, the director of the Saemaul Bank, did not confirm the authenticity of the certificate of real estate market price or the appropriateness of the certificate of real estate market price, and made the defendants obtain a bad loan.

In the process, the Defendants did not engage in the lending process by asking for documents necessary for the above bad loans between K, or did not provide money and valuables or entertainment in return for requesting for the bad loans to K.

Therefore, even if K bears the responsibility for the crime of occupational breach of trust in relation to the victim, the establishment of a joint principal offender of occupational breach of trust, which requires that the Defendants actively participated in the act of occupational breach of trust by K, cannot be recognized.

This was confirmed in a separate non-performing loan case against the victim I Saemaul Bank (Seoul High Court Decision 2014No94 decided September 4, 2014). Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

D. Each sentence sentenced by the court below (Defendant A: imprisonment of two years, Defendant B, Defendant C, and Defendant D: imprisonment of six years, six years, six years, and one year and six months, and one year and six months) is too unreasonable.

B. Defendant A violated the Saemaeul Credit Cooperatives Act against Defendant A by the public prosecutor, and Defendant A violated the prohibition of exceeding the lending limit limit to the same person as the non-standing vice-chairperson of the victim I Saemaul Credit Cooperatives.

arrow