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(영문) 광주지방법원 2016.10.21 2016고합106
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

1. Defendant A’s imprisonment with prison labor of four years and fine of 100,000,000 won, Defendant B’s imprisonment with prison labor of one year and six months, and Defendant C.

Reasons

On June 5, 2015, Defendant D, who had committed a crime, was sentenced to imprisonment with prison labor for ten months at the Gwangju District Court for the violation of the Illegal Check Control Act, and the judgment was finalized on June 13, 2015.

Punishment of the crime

Defendant

C is a person who actually operates the U.V. (hereinafter “instant business”), which is an amusement park development project conducted by T-Gun, and Defendant A is an employee in charge of loan of W agricultural cooperatives (hereinafter “WF”) from June 2004 to March 2015. Defendant B is a person who operates a used car sales business and is aware of the above A and ordinary business; Defendant D is a person who is in charge of the loan-related business of the above Item V; Defendant A is a person who is in charge of the loan-related business of WF from February 2009 to WF and takes charge of the approval of credit business, etc.

1. On March 2012, Defendant E, Defendant A, and Defendant A were requested to offer a large amount of business funds as collateral from Defendant D, the actual borrower, and each land indicated in the attached Table 1 List of Crimes in TY Ri (hereinafter “each land of this case”) located in T-gun XV office from T-gun X office to B, and Defendant C, the actual borrower, as collateral from Defendant C around March 201.

Afterwards, Defendant E and Defendant A, under the Agricultural Cooperatives’s credit regulations, extended loans in excess of the above limit in the name of a third party (hereinafter “title borrower”) by means of avoiding the provision on the lending limit of large amounts of business funds to Defendant C, although they knew that there was no business performance, etc. as a corporation newly established around February 2012, Defendant E and Defendant A had been aware of the fact that there was no business performance. In order to lend large amount of business funds to Defendant C, Defendant E and Defendant A were to purchase the said land and take the form of borrowing the said land by purchasing the said land by each nominal borrower and offering it as a security for the said loan.

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