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(영문) 서울남부지방법원 2016.05.13 2016고합109

특정경제범죄가중처벌등에관한법률위반(알선수재)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a financial hub that mainly engages in financial and loan brokerage affairs while operating A Co., Ltd. I (hereinafter referred to as “I”). Defendant B is a financial hub that mainly engages in financial and loan brokerage affairs while operating J Co., Ltd. (hereinafter referred to as “J”). K and L are respective financial intermediarys.

1. On January 2013, Defendant A’s crime was requested by K to the effect that “The N of “M Co., Ltd. (hereinafter “M”) would receive a loan from a central bank, etc. in the name of M, and thus, Defendant A would color a person who will arrange a loan such as a central bank, etc.”.

Accordingly, the above Defendant asked L, a loan broker, to the effect that “the intention is to obtain a loan through the Korean Export-Import Bank, etc.,” and upon L’s acceptance, introduced L to K.

Since then, the above defendants, K, and L got loans from the Korean Export-Import Bank, etc. and conspired to divide them by receiving the payment from the I Corporation account in return for advisory services.

A. Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) shall be recruited as above with K and L, and K shall, upon introduction of L to N on January 2013, introduce L to N, “A member of the National Bank who is going to obtain a loan from the National Bank, and is an expert who is going to do so.” L shall obtain a loan of KRW 20 billion from the Korean Export-Import Bank on February 14, 2013, and repaid KRW 10 billion on March 22, 2013, and KRW 10 billion from the National Bank on March 29, 2013 to the effect that M will obtain an additional loan of KRW 100 billion from the National Bank on March 29, 2013, M will obtain a loan of KRW 100 million from the National Bank on March 13, 2013 to the effect that M will be 300 million from the National Bank on March 1313, 2013013.