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(영문) 서울중앙지방법원 2012.08.31 2012고합358
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor for three years, and for one year and six months, respectively.

Each of the Defendants is KRW 10 million.

Reasons

Criminal facts

1. Defendant A, as the Defendants, became an executive director on July 1, 2006 and took overall control of the Credit Management Headquarters as a general executive director. Defendant A, who, on November 28, 2007, promoted to a general executive director and served as the Chairperson of the Credit Review Committee until February 2010, is a person who, as the Defendants, operates the J (hereinafter “J”).

2. Basic factual basis from July 5, 201 to August 25, 2011, the Financial Supervisory Service conducted a management diagnosis with respect to the IB Bank. As of July 201, the liabilities as of the end of that year are more than 30 billion won than assets, and as of June 2011, the “BS equity capital ratio on dangerous assets according to the standards set by the Bank for International Settlements” as of the end of that date is deemed to have deteriorated at (-)-5.50%, and was subject to management improvement order, and was notified in advance by the Financial Services Commission that it is scheduled to take timely corrective measures, such as management improvement order, etc. on August 29, 201. In order to avoid the “management improvement order (business suspension)” of the Financial Services Commission, it was necessary to take measures, such as capital increase of at least 2.6 billion won, or a third party’s sale of capital increase and sale, etc., which would have been an important result at the Committee’s meeting to deliberate on management evaluation.

3. Defendants’ co-principal conduct

(a) A person shall not receive, request or promise any money, goods, or other benefits in connection with the intermediation of matters belonging to the duties of officers and employees of financial institutions in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and shall not request or promise to grant such money, goods, or other benefits to a third party;

The Defendants are money and valuables under the pretext of preventing the suspension of business in favor of L who is the major shareholder and president of the I Savings Bank from being the major shareholder of the I Savings Bank and L who is the president of the I Savings Bank.

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