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(영문) 전주지방법원 2015.02.05 2014고단1152

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Criminal facts

On June 12, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Western Branch of the Daegu District Court on June 12, 2014, and the said judgment became final and conclusive on June 20, 2014.

On November 2010, the defendant, who became aware of D's introduction, tried to build a golf course from F of the (Y) E representative director F of the former North Korean Office G and 85 lots of land, requested the financial institution to obtain a loan of the business fund and again requested the KJ to the defendant who was in close relationship with I of the H Savings President.

The Defendant heard the horses that “The President of H Savings may grant loans exceeding five billion won to F,” and told F through D that “it shall be paid KRW 300,000,000,000,000,000 won, which is 6% of the loans, shall be paid at the introduction cost, but at the time of applying for the loan, KRW 200,000,000,000,

On November 25, 2010, the Defendant and J made F prepare loan-related documents for the above five billion won at the H Savings Bank President office located in K in Yong-nam, Seoul, around November 25, 2010.

Around November 26, 2010, the Defendant and J received 200 million won from F to F’s account in the name of L which is designated by J as the consideration for the above loan arrangement, and the Defendant received 48 million won from J.

Accordingly, in collusion with the J, the Defendant demanded F to arrange matters related to the duties of officers and employees of financial companies, 30 million won, and received 200 million won from F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police's protocol of interrogation, M, D, and N concerning F, each police's protocol of statement, and prosecution's video statement statement concerning I;

1. Each investigation report and evidential materials attached thereto;

1. An explanatory note, notice of contents, certificate of deposit, details of loan, details of loan, and expected future input, certificate of personal seal impression, payment note, deposit certificate, deposit certificate, H Savings Bank loan guarantee, stamp rental contract, appraisal request, business request, business summary, and legal procedure commencement date.