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(영문) 서울동부지방법원 2016.06.24 2015고합335
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is the head of the credit team and the head of the audit office of the victim E (the representative FF, hereinafter referred to as the "victim E") located in Songpa-gu Seoul Metropolitan Government, who was a working-level person for the overall credit management and loan affairs.

The Defendant: (a) When G, the regular director of the victims’ association, sold an unsold apartment unit in the Seoul Metropolitan Area at a low price to its members and executed a business of obtaining fees and interest income by using it as a collateral, and upon request from the members who became aware of the transaction, made an application for a security loan to the victims’ association; (b) caused the loan to cover the value of the collateral; and (c) paid the loan to the whole or part of the loan; (d) around November 19, 2012, upon receipt of the above G’s order from the victims’ association, conducted a loan to H by 23 households of multi-household, including 101, Osan City, J-si, and its ground stores and housing; (e) the sum of appraisal values of each of the above real estate is KRW 974,00,000,000; and (e) each of the above real estate is calculated as 08,000,000 won, 208,000 won or more; and (e) the value of each of the above real estate is established as security value.

In addition, as indicated in the list of annexed crimes, the Defendant deals with loan affairs to prevent difficulty in collecting loans by examining whether the value of each real estate as security is sufficient to repay the loans, when the victim union executes loans as security on a total of five occasions from around that time to January 7, 2013.

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