특정경제범죄가중처벌등에관한법률위반(알선수재)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. Summary of grounds for appeal by the defendant;
A. misunderstanding of facts and misunderstanding of legal principles
B. In relation to paragraphs (2) and (3), although the Defendant borrowed money on the basis of a private relationship with K at the time, and did not receive money or valuables with regard to the intermediation of matters belonging to the duties of executive officers and employees of financial companies, the lower court convicted this part of the facts charged. The lower court erred by misapprehending the facts and misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (b) In so doing, the lower court’s imposition of penalties of unfair sentencing (one year and four months,46,000,000 won for imprisonment) is too unreasonable.
2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant
A. Criminal facts No. 2 of the judgment of the court below
B. A summary of the facts charged in relation to paragraphs (2) and (3) of the same Article 1 of the Act provides that “A defendant shall pay money due to his/her house, if he/she lends 30 million won, he/she shall pay 30 million won, and he/she shall pay the money in full.” The demand for the money was made by calling to K that “A defendant would have an influence on his/her promotion personnel by means of promotional expenses, etc.” This was the purport of demanding money in relation to K’s promotion personnel, i.e., placement of matters pertaining to E’s duties.
On April 4, 2011, the Defendant received money and valuables from K to the Defendant’s fraudulent Industrial Bank account (Account Number:O) account, and received KRW 30 million from K to arrange matters related to the duties of officers and employees of financial companies, etc.
2) As above, the Defendant, by receiving KRW 30 million from K to N’s Bank account, pretended to be a monetary transaction relationship between K and N with respect to the acquisition of criminal proceeds from the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the acquisition of criminal proceeds from the crime committed as good offices.
B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the following evidence.
(c).