특정경제범죄가중처벌등에관한법률위반(알선수재)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
from the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles ① The Defendant received KRW 838 million from K was actively involved in the loan process so that J, a corporation actually operated by K, in order to obtain a loan of KRW 50 billion, and received the loan in return for the actual payment of the loan, and there is no relation with the R Bank loan.
② Even if the amount received by the Defendant, the J also has the nature of the quid pro quo for the loans received from the R Bank.
Even if the Defendant was aware of the fact that L's L's L's L's L's L's L's L's loan to determine the success of the J's I district development project (hereinafter the project in this case) was actually confirmed by the Defendant's aid and was actually confirmed, the Defendant's above act merely offered convenience in matters belonging to the duties of the officers and employees of the financial institution. Thus, it cannot be deemed as an "act of arranging" under Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the Defendant provided convenience as above and received money and valuables in consideration thereof.
Even if there is no money in return for the good offices under Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.
B. The sentence of imprisonment of two years imposed by the court below on the defendant is too unreasonable.
2. Determination
A. (1) In determining the assertion of mistake of facts or misapprehension of legal principles, Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) prohibits the act of receiving money or valuables by participating in the work of the officer or employee in addition to the materials related to the national economic policy and the national economy (Article 5) or evidence thereof (Article 6).