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(영문) 창원지방법원 밀양지원 2016.07.07 2016고단208

특정경제범죄가중처벌등에관한법률위반(알선수재)등

Text

A defendant shall be punished by imprisonment for six months.

6,880,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No person who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a known player) shall receive money, valuables, or other benefits from arranging matters belonging to the duties of an executive or employee of a financial company, etc.;

The Defendant: (a) was a person operating D Co., Ltd.; (b) around June 2013, the representative director of G and F Co., Ltd. at the F Co., Ltd.’s office located in G and F Co., Ltd., Ltd. at Kimhae-si; (c) received a request from G and F Co., Ltd. to obtain loans from financial institutions; (d) determined 3% to 4% of loans under the condition that they would obtain loans from financial institutions, such as H and general commercial banks, the Credit Guarantee Fund, and the Korea Technology Finance Corporation; (d) received loans in the form of fees; (e) around July 31, 2013, the Defendant received loans of KRW 50,000 from “IBK Kim Jong-si branch in G, Inc. at G, Ltd.; and (e) received loans from KRW 300,000,0000 won in total from 30,000 won in the name of H around 215, 2013.

2. No person who violates the law of defense shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of making a request or arrangement with respect to cases or affairs handled by a public official;

As the Small and Medium Business Corporation is designated as a public institution under the Act on the Management of Public Institutions by the Minister of Finance and Economy as an institution established based on the Small and Medium Enterprises Promotion Act to support business start-up and management of small and medium enterprises, its executives and employees are deemed public officials

A. The Defendant around June 2013, No. 1.