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(영문) 서울중앙지방법원 2018.06.15 2018고합244
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for three years.

In the United States, six months of imprisonment already executed shall be included in the above sentence.

(b).

Reasons

Punishment of the crime

The Defendant, from February 1991 to May 1993, served as a new branch of the Victim E Co., Ltd. (hereinafter referred to as the “victim E”) located in New York D, and was in general in charge of the business of lending and guaranteeing payment of the said branch.

At that time, in accordance with the general provisions on foreign exchange business of the victim bank, and the provision on the duty transfer agreement of the victim bank, two persons responsible for payment guarantee of US$5,00 or more shall sign on behalf of the defendant such as the defendant, etc., and in cases where payment guarantee is granted after obtaining a security for the amount exceeding US$50,000, the bank president's approval and approval of the board of directors shall be conducted with the approval of the president and the board of directors. Thus, the defendant, the head of the branch of the victim bank, as well as the above internal procedures of the bank, has a duty to guarantee payment after taking appropriate measures such as carefully examining the debtor's financial ability, credit standing, etc., and obtaining a security.

1. On April 9, 192, the Defendant, at the above New York branch, violated the above occupational duties, obtained financial benefits of USD 9,500,000 from the F’s representative G to obtain a payment guarantee for a promissory note with a face value of USD 9,500,00 ($ 7,600,000) issued from F for H discount, and did not take necessary measures, such as closely examining G’s financial resources and credit conditions or acquiring a security equivalent to the face value of the said promissory note, without obtaining approval from the president and approval from the board of directors, in violation of the internal provisions of the victim bank, thereby obtaining financial benefits of USD 9,50,000 from G to obtain a payment guarantee with a single signature without obtaining approval from the president and approval from the board of directors.

2. The Defendant at the New York Branch around September 29, 1992, in violation of the above occupational duties, and is his bank from G.

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