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(영문) 울산지방법원 2017.02.03 2016고합402
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor of two years and eight months, and fines of thirty thousand won, and Defendant B shall be punished by imprisonment with prison labor of one year.

Defendant

A.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to six months of imprisonment for fraud at the Ulsan District Court on April 9, 2015 and the judgment became final and conclusive on September 24, 2015.

[2] Defendant A is a person in charge of credit business, such as interference with loans and deliberation on loans at the H Saemaul Treasury I branch located in Ulsan-gu G from April 4, 2011 to January 29, 2012. Defendant B is a person engaged in construction business.

1. Loans in the name of J 85 million won or more;

A. Defendant A’s lending procedures, requirements, etc. of HH Saemaul credit cooperatives in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afinite) are prohibited from dealing with the credit, guarantee, and collateral type lending of a registered person subject to credit management. In the event that it is impossible to extend credit as a result of credit consultation, and the fact is discovered at the time of receiving consultation, the credit shall be revoked. In the credit procedure, the credit applicant’s credit rating, use of funds, ability to repay, ability to compensate for the credit, degree of contribution to the transaction, business status, prospect, profitability, etc. shall be comprehensively examined in order to examine the appropriateness of the credit application.

In addition, when acquiring a security, a person in charge of credit shall comprehensively examine the economic utility of the security, the appraisal price, the degree of difficulty of management and realization of the security, and other legal regulations. In the event that a loan is made in excess of 500 million won, a person in charge of credit shall undergo an appraisal (a certified appraisal value) by at least 40 appraisal corporations, but where a loan is made in excess of 500 million won, a person in charge of credit shall be able to conduct an appraisal (a certified appraisal value) by his/her own appraisal by H Saemaul Treasury. In this case, even if an independent appraisal is conducted, a person in charge of credit shall be able to conduct a security appraisal

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