특정경제범죄가중처벌등에관한법률위반(알선수재)
The defendant shall be innocent.
1. The gist of the facts charged is that the Defendant is a hub for one-person loan.
Around November 2009, the Defendant received from D around November 2009 a factory site from D and received a notice from D to obtain a loan from a financial institution to establish a factory at the same time, and held D would have D obtain a loan of KRW 8.5 billion through a person related to a financial institution because there are many persons who wish to become a financial institution.
Around August 13, 2010, money was transferred to a foreign exchange bank account in the Defendant’s name as well as KRW 2,000,000,000 from that time until May 24, 2013, as shown in the list of crimes in the separate sheet of crimes, in total of 131,630,000 won was transferred from that time until May 24, 2013.
As a result, the Defendant received money and valuables on the intermediation of matters pertaining to the duties of officers and employees of financial institutions.
2. Determination
A. Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc.”) means “an act of arranging or promoting convenience between a certain person and his/her counterpart with respect to a certain matter,” and the above crime is established regardless of which mediation was actually conducted if money or other valuables were received under the pretext of mediation.
The case where money and valuables or other benefits are given and received under the pretext of mediating between the person who has requested a mediation on matters falling under the duties of an officer or employee of a financial institution and the officer or employee of a financial institution who is entitled to become the other party to such mediation. However, it cannot be said that money and valuables are given and received for matters falling under the duties of an officer or employee of a financial institution, in case where money and valuables have been given and received as a result of providing convenience to the person who has requested the mediation with respect to matters falling under the duties of an officer or employee of a financial institution.
B. The evidence submitted by the Prosecutor is recognized as a whole.