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(영문) 서울중앙지방법원 2014.06.19 2013고합1355

특정경제범죄가중처벌등에관한법률위반(알선수재)등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who operates E (hereinafter referred to as “E”) for the purpose of operating financial assets, overseas investment, etc.

On March 2010, at E office located in Gangnam-gu Seoul Metropolitan Government F, the Defendant requested G to grant a macro-si H development project (hereinafter “H project”) and I project (hereinafter “I project”) loans, etc., and requested G to “A to pay the price for the loan necessary for the project, such as the PF loans. There is a lot of funds in the financial community.” In concluding an advisory contract including the above contents with G, the Defendant agreed to receive KRW 100 million and KRW 100 million under the pretext of the commencement of the contract, and agreed to receive KRW 50 million under the pretext of the contingent remuneration, and received KRW 8 million under the name of the financial institution as an executive or employee of the financial institution, including KRW 30 million on April 30, 2010, KRW 30 million on May 7, 2010, and deposit money in the name of the Defendant’s financial institution as an executive or employee under the name of the financial institution.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, J and K;

1. Application of each of the Acts and subordinate statutes entered in the certified transcript of corporate register, advisory contract (not later than March 2010), and the details of each passbook transaction (80,000 won, twice);

1. Relevant Articles 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 (General Provisions and Selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination on the assertion of the defendant and his defense counsel under Article 10(3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

1. The gist of the claim is that the Defendant provided financial advisory services so that loans for H projects and I projects may be made, that the Defendant received KRW 80 million for a reasonable price, and that it was not received with respect to the arrangement of matters pertaining to the duties of officers and employees of a financial institution.

2. Determination

(a) related;