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(영문) 대구지방법원 2015.03.19 2014고단4619

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 4619] On April 2012, the Defendant received a request from G to the effect that “it is impossible to pay interest due to a large number of bonds,” and that “it is possible to obtain additional loans as collateral for 19 parcels of real estate, etc. (hereinafter “instant real estate”), including real estate, located in Kimcheon-si, Kimcheon-si.”

On May 2012, 2012, the Defendant discussed F to the effect that “the cost necessary to execute the loan is required” at the Jina shop located in Daegu, Daegu, and F sent the above purport to G.

Accordingly, around May 14, 2012, the Defendant received from G to Daegu Bank Account under the name of the Defendant, KRW 4.2 million in cash around that time, KRW 1 million in cash through F, and KRW 10 million in the Daegu Bank Account under the name of the Defendant through F on June 15, 2012.

As a result, the Defendant conspired with F and received KRW 15.2 million in total from G about the intermediation of loans of the instant real estate, which is a matter belonging to the duties of executive officers and employees of financial companies.

[2014 Highest 5704] On August 12, 2013, the Defendant, as the representative director of E Co., Ltd., entered into a contract for the construction of new units of national residential housing 48 households located in K and Daegu Dong L, and was unable to pay human resources expenses due to the difficulty in the circumstances of the Defendant Co., Ltd., the owner of the construction, the said contract was terminated and around October 2013, the Defendant was able to use bills received as checks from K in the course of concluding a contract for the said construction with M Co., Ltd. and the said construction.

1. The Defendant’s alteration of securities has kept one promissory note in the name of K Co., Ltd., Ltd., which entered as “N, face value of KRW 200 million, and due date, to be used for checks, by taking them away from K representative director Co., Ltd., and kept.