Text
Defendant
A shall be punished by imprisonment for four years.
Defendant
A 40 million won shall be additionally collected from A.
Defendant
B. Regarding B.
Reasons
The crime history room (Defendant A) [Defendant A] from March 2011 to October 2012, 201, the Defendant was a person who worked as a director who has overall control over loan-related affairs, such as loan review, implementation, securing of claims, collection of claims, etc. in the “F building-related bank” located in the fiveth floor of the Seoul Gangnam-gu Seoul Metropolitan Government FF building. On March 201, 201, the Defendant was a person who received a total of KRW 435 million in the name of the Defendant and his family members in the above company to open a restaurant for “H”.
1. Occupational breach of trust against the victim bankruptcy planG;
A. On October 201, 201, the Defendant was taking measures to obtain additional loans of KRW 20 million at the office of the above victim company (hereinafter “H”), and upon request from the principal agent of the victim company (hereinafter “J”) to obtain a loan under his/her name, and then prepares the pertinent loan documents in mind that he/she would use the loan from the principal agent of the victim company (hereinafter “J”), which is the principal agent of the victim company. The victim company is obliged to inquire into the debtor’s credit rating before the loan was conducted and confirm the debtor’s ability to repay the loan, and to receive a security if the loan is low or higher than the credit rating. Thus, the Defendant is obliged to obtain a loan of KRW 20 million under the name of the principal agent where the overdue interest on the existing loan was incurred at the time, despite the fact that there was a duty to obtain a corresponding security in the course of performing his/her duties, and was transferred to the new bank in violation of his/her duty and then received KRW 10 million under the name of the Defendant’s account.
As a result, the Defendant made it difficult to recover KRW 20 million, thereby acquiring property benefits equivalent to the same amount, and suffered property damage equivalent to the same amount from the victim company.
B. The Defendant, around February 15, 2012, at the office of the above victim company, and at the debtor K one-lane, KRW 350 million.