beta
(영문) 창원지방법원 통영지원 2014.09.19 2014고정134

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 6, 2012, the Defendant, in collusion with C, stated that “In relation to the multi-household housing construction project with approximately KRW 13,000,00,000, the 1st floor of E-mail, which was promoted jointly with D, the victim D, the Defendant introduced C to the victim, and C, upon request from the victim, issued a 4.3 billion won bond to the Seoul Credit Guarantee Fund by requesting the third party to obtain an appraisal of the 4.3 billion won bond and using the guarantee bond, the Defendant would be able to obtain a loan of KRW 2.1 billion in the name of the start-up deposit so that the appraisal is higher than the market price by the staff of the bank located in Busan, the Defendant would be able to obtain a loan of KRW 2.1 billion in the name of the start-up deposit.”

Therefore, around October 8, 2012, the Defendant received KRW 5 million from the victim to the account under the pretext of starting money in connection with loan intermediation as above.

Accordingly, the Defendant conspiredd with C to receive money and valuables in order to arrange matters related to the duties of officers and employees of financial companies.

Summary of Evidence

1. Testimony of D or E;

1. A protocol of examination of part of the prosecution concerning C;

1. Application of Acts and subordinate statutes to a report on investigation (C’s accompanying documents);

1. Relevant Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Selection of fine for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 10 (3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;