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(영문) 인천지방법원 2016.02.17 2015고합429

특정범죄가중처벌등에관한법률위반(알선수재)등

Text

1. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embryer) in the judgment of Defendant A and the crime.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of two years on June 11, 2010 by imprisonment with prison labor and six months for opening gambling at the Incheon District Court on June 3, 2010, and the above judgment became final and conclusive on June 11, 2010.

Defendant

D was sentenced to imprisonment with prison labor for murder, etc. by the Incheon District Court on December 31, 2014, and the judgment on September 10, 2015 became final and conclusive.

Defendant

E was sentenced to a two-year suspended sentence on June 23, 201 for the crime of injury, and the judgment was finalized on November 26, 201.

[Criminal facts]

1. The sole criminal conduct of Defendant A;

A. A. On August 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Epicers) received a request from Q to make it possible to obtain a building permit, including the deliberation on cultural heritage, from the office of reinforcement, and to smoothly resolve the issues that may arise in the course of construction, upon request from the public officials in charge of the office of reinforcement and military administration, to acquire a five story building in front of P, and design the building to be changed to nine floors from Q in the Buddhist coffee shop near the office of reinforcement and receive a request from Q to transfer from Q to the account in the name of the Defendant on September 29, 2009, respectively. < Amended by Act No. 9734, Sep. 29, 2009; Act No. 9627, Sep. 29, 2009>

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

B. On November 2012, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D, the Defendant stated that “The victim D would acquire and receive the goods from the steel company, which is a steel company, as it is necessary to guarantee the supply of the goods, KRW 600 million in cash within one year, in return, shall be paid within one year, and interest on the obligations owed to the Nonghyup and monthly living expenses shall be paid to the NA, and the BM vehicle shall also be sold to the NA.”

However, the defendant was accepted at the time.

R, claiming, at all, is capital.