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(영문) 서울서부지방법원 2015.12.11 2015고합180

특정경제범죄가중처벌등에관한법률위반(알선수재)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

64,500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Power】 On August 21, 2008, the Defendant sentenced the Seoul Northern District Court to one year and six months for fraud, and completed the execution of the sentence in the racing prison on June 26, 2009.

【Criminal Facts】

1. Fraud and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. On August 2010, the Defendant, in collusion with D on the charge of fraud against the victim C and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc. of Specific Economic Crimes”) said, “In the principal office of Gwangjin-gu, Seoul Special Metropolitan City E-building 202 (State F Office) operated by the victim C, 40 million won may be reduced to 3 billion won a loan, and if the loan is made, 8% of the loan, 240 million won shall be deducted.”

However, in fact D does not have any influence on making a loan through a financial institution as a contracting officer of the Nonghyup Asset Management Co., Ltd., and D did not have any intention or ability to make a loan to the victim by arranging the loan to the NA employees, with the knowledge of these circumstances.

Nevertheless, on November 4, 2010, the Defendant, by deceiving the victim, received 36 million won from the victim via the foreign exchange bank account (G) under the Defendant’s name. On December 30, 2010, the Defendant received 38 million won in cash for the purpose of business funds, such as receiving 2 million won in cash for the purpose of business funds, and received money and valuables as well as arranging matters related to the duties of executive officers and employees such as financial companies.

B. On February 18, 2014, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) against the victim H, in a restaurant where the trade name in Eunpyeong-gu Seoul Metropolitan Government is unknown, and the victim H, who received a higher appraisal value of the land in progress at a Jeju auction, up to 1.7 billion won from the bank after receiving a higher appraisal value of the land in progress.