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(영문) 서울동부지방법원 2013.05.16 2013고정798

특정경제범죄가중처벌등에관한법률위반(사금융알선등)

Text

Acquittal of the accused shall be acquitted.

Reasons

1. An executive or employee of a financial company, etc. that has the summary of the facts charged of the instant case shall not arrange a loan of money for the account of a third party, other than the affiliated financial company, etc., for the benefit of the third party in addition

Nevertheless, while the defendant worked as a new bank B branch on October 9, 2007, the head office of the new bank in Jung-gu Seoul, Jung-gu, Seoul, 120, the defendant arranged private financing by receiving KRW 70 million from the customer of the new bank B at the request of the customer of the new bank, and transferring KRW 69,000,000,000 excluding KRW 1,000,000 to C with the fee.

2. We examine the judgment. According to Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the crime of the above facts charged is punishable by imprisonment with prison labor for not more than 7 years or by a fine not exceeding 70 million won. Thus, under Article 250 of the Criminal Procedure Act and Article 50 of the Criminal Act and Article 249 (1) 4 of the former Criminal Procedure Act (wholly amended by Act No. 8730 of Dec. 21, 2007), the statute of limitations has five years, and the prosecution of the case in this case is clearly filed on February 15, 2013 when the statute of limitations has expired, since it is obvious that the crime in this case was committed on February 15, 2013 when five years have passed since the crime in this case was completed, the prosecution of the case in question shall be acquitted pursuant to Article

It is so decided as per Disposition for the above reasons.