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(영문) 의정부지방법원 고양지원 2015.12.04 2015고정919

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on February 12, 2015.

On March 3, 2013, the Defendant issued three million won in return for a credit guarantee letter issued by the Korea Credit Guarantee Fund and received money, valuables, or other benefits from the Korea Credit Guarantee Fund’s executive officers and employees, by stating that “The Defendant would obtain, in advance, a credit guarantee certificate necessary for the loan of business funds from the Korea Credit Guarantee Fund’s head office and the Vice-head of the Korea Credit Guarantee Fund, would be allocated a credit guarantee certificate equivalent to 500 million won, if he talks with the head of the branch office of the Pyeongtaek-si site of the Korea Credit Guarantee Fund.” On October 3, 2013, the Defendant received three million won in return for a credit guarantee letter issued by the Korea Credit Guarantee Fund and received money, valuables, or other benefits from the Korea Credit Guarantee Fund’s executive officers and employees.”

Summary of Evidence

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the accusation (including attached documents), details of deposit transactions, mail files, and recording notes;

1. Relevant Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Selection of fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.