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(영문) 서울중앙지방법원 2015.01.15 2014고합754
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 10, 2013, the Defendant was sentenced to 10 years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust). The above judgment was finalized on September 26, 2013

【Criminal Facts】

1. The relationship with the party and the premise that the Defendant was the vice-chairperson of the D Bank Group from January 9, 2010 to February 201, the Defendant held office as the vice-chairperson of the D Bank Group, and E substantially managed the Victim F Co., Ltd. (hereinafter “F”).

F is a company that engages in real estate development business, etc., and the construction of multi-family housing in H urban development project (hereinafter referred to as “H urban development project”) was carried out in the Goyang-gu G G Gwon in Yongsan-gu, Yongsan-gu.

Around August 11, 2010, F entered into a business and loan agreement (hereinafter “instant PF loan agreement”) with the J Bank Co., Ltd. and the D Bank Group Group Co., Ltd., Ltd., the D Bank Group Group Co., Ltd., and D Bank Group Co., Ltd., the D Bank Group Co., Ltd., and borrowed PF funds from the said D Bank Group Group.

2. On September 2010, the Defendant: (a) around June 25, 2010, the D Bank lender entered into a contract with L Co., Ltd. (hereinafter “L”) to lend KRW 70 billion to L; (b) however, due to the audit of the Financial Supervisory Service, etc., the Defendant received a demand for the loan from L while lending KRW 37.6 billion and not giving the remainder of the loan; (c) the Defendant demanded the F’s actual manager E to pay KRW 7 billion out of the PF funds loaned to F as set forth in paragraph (1).

Accordingly, on September 20, 2010, the Defendant borrowed from the office of the IF Bank in Busan Northern-gu, in accordance with the instant PF loan agreement to the business directors N of the IF and deposited in the F’s custody account (Account NumberO) established in the IF bank.

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