beta
(영문) 서울중앙지방법원 2016.12.02 2016고합242

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On June 5, 2015, the Defendant was sentenced to two years of imprisonment and three years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in Seoul High Court, and the judgment was finalized on June 13, 2015.

【Criminal Facts】

From November 201, the Defendant established and operated the F Co., Ltd. F (hereinafter “F”) for the purpose of corporate investment consulting, etc. from around November 201.

On June 16, 2013, the Defendant: (a) on behalf of the Defendant, at the office of H (hereinafter “H”) located in Gangnam-gu Seoul (hereinafter “Seoul”); (b) on behalf of the Defendant, at the request of H representative director I to borrow funds necessary for the acquisition and operation of clubs; and (c) on behalf of the Defendant, upon request of K et al., requested K et al. to provide a smooth and prompt loan; (d) on October 16, 2013, the Defendant provided K et al. with KRW 120 million for a loan of KRW 4 billion; and (e) on the same day, paid KRW 120 million for a loan from H as the case for the loan fee; and (e) on December 9, 2013, paid KRW 2.5 billion under the same name on the same day.

As a result, the defendant received money and valuables for arranging matters belonging to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness L;

1. The witness I and K's respective legal statements;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the I part of the statement);

1. Partial statement of the police interrogation protocol of the accused;

1. Part of the statement made by the police officer concerning I;

1. Some of the K's statements;

1. A copy of the name box [the number of the prosecutor evidence list (hereinafter referred to as “net number”)]

[5] 5] e-mail, etc. (number 6), copy of an investment advisory contract (number 7), copy of the tax invoice (number 8), e-mail list, etc. (number 12), copy of the corporate register, etc. (number 19), and copy of the account details (number 20)

1. Previous convictions in judgment: Application of investigation reports (No. 16), inquiry reports (No. 17) and Acts and subordinate statutes;

1. Criminal facts;