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(영문) 서울고등법원 2013.05.31 2012노4288
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A Imprisonment with prison labor for three years and for two years.

Reasons

A. The Defendant, an executive officer or employee of a financial company, committed the act of lending money of this case by using information, and subsequently, determined that the Defendant used his/her position to lend money of this case.

In full view of the evidence duly admitted and examined by the lower court and the party, the fact-finding and judgment of the lower court are acceptable.

Therefore, the defendant's argument in this part of the appeal is rejected.

Defendant

Article 2 subparagraph 8 of the Mutual Savings Banks Act provides that "illegal or non-performing credit extension" means either of the following credit extension or provisional payment.

The following items provide for the amount of credit extended to an individual borrower which exceeds the limits set forth in paragraph 1 of Article 12:

"Person who shares credit risk prescribed by Presidential Decree" in subparagraph 8 (b) of Article 2 of the Enforcement Decree of the Mutual Savings Banks Act means a company belonging to an enterprise group under subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as "identical borrowers").

* Article 2 of the Monopoly Regulation and Fair Trade Act (Definitions)

2. The term "enterprise group" means a group of companies the businesses of which is substantially controlled by the same person according to the following distinction pursuant to the standards prescribed by Presidential Decree:

one or more companies controlled by the same person and the same person, if the same person is a company;

(b) In the event that the same person is not a company, the credit extension to a group of two or more companies controlled by the same person (hereinafter “identical borrowers”) which exceeds the limit under Article 12(3) and Article 12(3) of the same Act.

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