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(영문) 서울중앙지방법원 2012.11.30 2012고합761
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant shall be punished by imprisonment with prison labor of 2 years and 6 months and fine of 12,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 25, 2008, the Defendant joined C Bank (hereinafter “C Bank”) and served as the head of Seodaemun-gu branch office until October 18, 201. From October 20, 201 to October 20, 201, the Defendant took overall charge of the management, business management, and loan and receipt of employees at the branch office or branch office.

1. Crimes related to D Co., Ltd. (hereinafter “D”);

A. A. Around August 2009, the Defendant, at least 277 pages of the investigation record of violation of the Act on the Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the issuance of the written consent of pledge, was asked to the Defendant to issue a written consent of pledge to the C Bank account in the name of the president and the director H of the F of the F of the School Foundation of the C Bank in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to deposit more than KRW 80 million in the C Bank account in the name of D (which is established for profit-making business of the F Bank) with which the KRW 1 billion is deposited, so that the C Bank I (hereinafter “I”) can establish a pledge.

However, as to the above deposit amount of KRW 800 million, C Bank had already set up a pledge and extended the loan. However, if C Bank did not withhold any objection and consented to I’s establishment of the pledge, C Bank, a third debtor, cannot set up against I on the ground of the extinguishment of the deposit claim due to the execution of the senior pledge, even if C Bank, which is the third debtor, cannot set up a defense against I, the pledgee, even if the deposit claim ceases to exist due to the execution of the senior pledge. In a case where the establishment of the pledge without reservation of any objection to the deposit is made by creating a false deposit passbook and accepting the establishment of the pledge without withholding any objection to the deposit, the pledgee cannot set up a defense against I on the ground of the non-existence of the deposit claim, see Supreme Court Decision 96Da22648 delivered on May 30, 197,

Nevertheless, the Defendant violated the above duties and decided to additionally deposit up to the closing time of the sales store by H on August 31, 2009.

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