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(영문) 부산지방법원 2017.09.08 2017고합124

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2016, the Defendant received the request from F to obtain a loan equivalent to KRW 4 billion from F to arrange for executives and employees of financial institutions. The Defendant agreed to receive KRW 2,00,000 per month between 1 year and 2,000,000 from F in Sung-si, Busan. On May 2016, the Defendant received KRW 1,00,000 from H in Busan under the pretext of loan intermediation and entertainment expenses for executives and employees of financial institutions. On the same day, the Defendant received KRW 1,45,00,000 from F in total on six occasions as indicated in the list of crimes.

On May 2016, the amount of the temporary delivery place of 1200,000 won 2,000,000 won 3,000,000 won 3,000,000 won 3,000,000 won 4,000,000 won 5,000 won 4,000,000 won 5,000,000 won 6,000 won 5,000,000 won 3,000,000,000 won 6,000,000 won 5,000,00 won 1,50,00 won 1,00 won 2,00,00 won 3,00

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, and J;

1. Application of Acts and subordinate statutes to the K of the protocol concerning the interrogation of suspects;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (as a whole, choice of imprisonment);

1. Article 10 (3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (4 months to 10 months) (not more than 30 million won) of the basic area (4 months to 10 months).

3. Determination of sentence: The crime of this case for six months of imprisonment, and one year of suspended sentence shall be the receipt of money and valuables under the pretext of receiving a large amount of loans, and thereby, the duties of financial institutions shall be assigned.