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(영문) 서울중앙지방법원 2017.04.21 2016고합1345
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The Defendants publish the summary of the judgment on each of the Defendants not guilty.

Reasons

1. The facts charged against the Defendants [the identity and record of the Defendants] Defendant A is the representative director of F Co., Ltd., and Defendant B is the former director of F Co., Ltd. in charge of funding.

G is a person who has served as a managing director in charge of credit operations and management from August 30, 2004 to December 26, 2006, as a director in charge of credit extension from December 27, 2006 to September 3, 2009, and as a managing director in charge of credit operation and management from September 4, 2009 to March 31, 201.

[Reference Facts]

1. The current status of F Co., Ltd. F (hereinafter “F”) was a corporation with its head office in Songpa-gu Seoul Metropolitan Government I for the main purpose of the construction business of rental housing and civil engineering and construction business.

F’s sales as of the end of 2009 amounting to KRW 90 billion, net loss amounting to KRW 4.8 billion, and sales as of the end of 2010 amounting to KRW 30 billion, net profit amounting to KRW 2.5 billion, but this was in a state of complete erosion of capital due to the accumulation of net loss between several years, which was actually done through window dressing accounts, and thus, since after 2007, it continued to receive additional loans under the name of a new borrowed borrower as well as interest payment, it was necessary to pay interest on existing loans by obtaining additional loans under the name of a new borrowed borrower.

F In total, 13 apartment construction business places (including rental housing units and general sales units), 1 housing construction business places, 8 reconstruction business places, 6 other business places, and 5 business places which were completed, 7 business places, 7 business places in preparation for business, and 1 business places which were completed, and 5 business places were suspended, and 5 business places which were completed, and 7 business places in preparation for business, and 1 business places which were completed, were under the situation where the sales rate of the completed business places is low so that the recovery of investment money is not smooth.

In most of the F's operating funds, Defendant B, a managing director, obtained a loan from H by using a friendly relationship with G, but eventually, obtained a bill exchange fund.

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