특정경제범죄가중처벌등에관한법률위반(알선수재)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Fact-finding 1) The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes), served as the executive director of F Co., Ltd. (hereinafter “F”) from October 2009 to January 201, 201, was paid KRW 29 million as indicated in the judgment below (hereinafter “the instant money”).
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
2) The instant money is in violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, and thus does not constitute criminal proceeds, and the Defendant was only paid the instant money to the H’s account as the Defendant and the Defendant’s wife are bad credit holders.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
B. The sentence of the lower court’s unfair sentencing (the suspended sentence of 2 years in October, 160, community service work, additional collection of 29 million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and the first instance court, it is reasonable to view that the instant money paid by the Defendant to the account in the H’s name from April 12, 201 to September 17, 2014 was paid as compensation after the Defendant arranged the Defendant to obtain a loan from the National Federation of Jindo Agricultural Cooperatives or the branch of the Enterprise Bank.
Therefore, the defendant's assertion of mistake on this part is rejected.
1) On April 8, 201, Jindo Agricultural Federation loaned KRW 200 million to F, and on April 12, 2011, KRW 60 million was transferred from F’s account to H’s account.
On October 6, 2011, the Jindo Agricultural Federation extended additional KRW 200 million to F, and on October 2, 201, KRW 10 million in total from the account in the name of F.