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(영문) 서울남부지방법원 2017.01.19 2016고합545

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

50 million won shall be additionally collected from the defendant.

The above additional collection charge.

Reasons

Punishment of the crime

From May 2008, the defendant served as the senior assistant officer (class IV in extraordinary civil service) of a member of the C National Assembly from May 2008.

On October 30, 2012, the Defendant around 12:00, from G, a representative director of the FF, a corporation, at the fifth floor E restaurant in Yeongdeungpo-gu Seoul Metropolitan Government D D Building, to obtain a loan of facility funds from an industrial bank to extend the F factory, and it is difficult for the Defendant to obtain an approval from the head office.

F received cash of KRW 30,000,000 upon the request of the F so that it can obtain loans from industrial banks.

At the I hotel coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government on September 2, 2013, at around 15:00, the Defendant continued to obtain a loan of KRW 49 billion from G to an industrial bank on November 26, 2012, and received KRW 25 million in cash on April 25, 2013, by obtaining a loan of KRW 10 billion operating capital from the industrial bank.

As a result, the defendant received a total of KRW 5 million on the intermediation of matters belonging to the duties of officers and employees of financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to G;

1. Application of Acts and subordinate statutes to a report on investigation (the place where a loan is arranged by an assistant);

1. Relevant laws on criminal facts, and the choice of punishment, Article 7 (General Provisions) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the 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 punishment by law: Imprisonment with prison labor for not more than five years;

2. The application of the sentencing guidelines [type determination] shall be sentenced to imprisonment with prison labor for not less than one year and six months but not more than two years and six months in the basic field of three types (five thousand won or more, or less, and less than one hundred million won) of financial institutions (decision in the sphere of recommendation] (decision in the sphere of recommendation].

3. Determination of sentence: The instant crime is committed in one year and six months by abusing the public position of a member of the National Assembly as an assistant to the National Assembly.