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(영문) 대전지방법원 천안지원 2019.01.23 2018고합243
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant, who committed the crime against the Victim B Association, was in charge of credit management at the Victim B Association located in Asan City from March 16, 2009 to June 2010.

From March 208, the Defendant started the new construction of multi-household housing on the fourth parcel such as Osan-si D, but was unable to pay the construction cost equivalent to KRW 1.7 billion in the sale price, and was able to arbitrarily use the loan repaid by the customers or to acquire the loan from the victims by forging the loan-related documents under the name of others.

1. Around October 26, 2009, the Defendant received reimbursement of KRW 74 million from F, a debtor E, who received real estate collateral loans from the above B B’s office, and used it as a work price for multi-household housing at Osan-si. Around that time, the Defendant used it as a work price for multi-household housing at Osan-si.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) have a duty to accurately appraise the value of the property by comprehensively taking into account the land price fluctuation rate, regional factors, individual factors, and other matters affecting the price of the property based on the standard published land price located in the same or similar area as the land to be assessed so as not to impede the preservation of the claim for the loan in the event that

On December 30, 2009, the Defendant applied for a loan of KRW 620 million by forging the loan application documents, such as the loan transaction agreement, in the name of G, to the effect that he had held the above B B’s identification card, etc. at the above B’s office. The Defendant offered the Ha and I’s land registered in the name of G as collateral and offered the security of the Ha and I’s land, and the fact in the security evaluation statement is the value of the above land as the market price is about KRW 315 million.

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