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(영문) 부산지방법원 동부지원 2009.12.24 2008고합80
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment with prison labor for one year and for one year and four months, respectively.

Defendant

Of the facts charged against A and B.

Reasons

Punishment of the crime

Defendant

A A is a person who was in charge of interim settlement of all kinds of loans, such as credit loans, secured loans, etc., as a general manager of a credit cooperative while working for the community credit cooperative around January 1, 1981 and serving for up to April 2004 after being employed as a general manager of the credit cooperative. Defendant B is a person who, around January 2001, became a manager of G community credit cooperatives and served for up to April 2004, has been in charge of providing loans, such as credit loans, secured loans, etc., as a working-level manager of the credit cooperative while working for the credit cooperative for up to April 2004.

A victim G community credit cooperative (hereinafter referred to as "victim's community credit cooperative") may not lend a loan to the same person in excess of KRW 200 million under the credit business regulations, and credit loans to household and individual business operators may not be granted to the same person in excess of KRW 30 million. Thus, in implementing a loan, Defendant A and B have a duty to conduct a loan within the lending limit set forth in the credit business regulations, etc., and are able to appraise a loan within KRW 100 million by their own appraisal, but exceed KRW 100 million, the method of appraisal shall be determined by the resolution of the board of directors by case of loan. If a prior mortgage exists to the security, the loan shall be executed by deducting the loan amount after observing the lending ratio by type of real estate. In the case of a credit loan exceeding KRW 3 million,00,000,000, the loan shall be conducted by investigating the transaction records, property status, overdue debts, etc., and even if they have a duty to conduct a loan business in excess of the lending limit.

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