beta
(영문) 인천지방법원 부천지원 2017.08.18 2017고합73

특정경제범죄가중처벌등에관한법률위반(수재등)

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of 15 million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who served as a head of a new bank H branch from January 2012 to January 2014.

The Defendant was in the office of K Co., Ltd. (hereinafter referred to as “K”) in Yeonsu-gu Incheon (hereinafter referred to as “K”) in the early October 2013, and was aware of a usual loan relationship.

J In relation to the Ma and N Hotel Corporation in Jung-gu Incheon Metropolitan City L, which the above K is constructed, “A request from P to ascertain whether it is possible to grant a loan for hotel construction costs.” On October 8, 2013, the Defendant received, at the request of P and J, an intangible benefit that is able to use and benefit from the Defendant’s intent without any monetary burden of KRW 30 million from P and P. The Defendant informed P and PJ that “I will receive a loan as a juristic person because the personal loan is not possible.” The Defendant requested from P and P to review whether the credit guarantee certificate for KRW 8 billion may be issued to P and P Branch of the Korea Credit Guarantee Fund, and then requested P and P Bank to grant a loan from the above Q and Q Branch of the Korea Credit Guarantee Fund to the new branch of the Korea Credit Guarantee Fund, and then requested P and P Bank to grant a loan from the new branch of the Korea Credit Guarantee Fund to the new branch of the Korea Credit Guarantee Bank on 1. 1. 2013.

On the other hand, the Defendant entered into an agreement on credit transaction with a new bank around November 8, 2013, which pays a total amount of KRW 8 billion to the aboveO, and paid KRW 3.5 billion with the first loan, the Defendant promised that KRW 104 and 202 of the above hotel stores will be sold within several months by the Defendant for sale in lots and divided into half of the resale profits. On November 10, 2013, the Defendant received KRW 30 million as the down payment for the above commercial loan 2 from the JJ without due date and received financial benefits equivalent to the interest from November 2014.

Accordingly, the defendant is an officer or employee of a financial institution.