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(영문) 대구지방법원 서부지원 2013.04.30 2013고단312

특정경제범죄가중처벌등에관한법률위반(알선수재)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. A. On April 2010, the Defendant agreed to receive 2 to 3% of the amount of the loan as brokerage fees if the Defendant received a loan from D financial institutions from the head of the planning office of the above hospital at the office of the Dong-si Hospital in Busan Metropolitan City.

On April 5, 2010, the Defendant received KRW 2 million from D in terms of banking staff meals and golf entertainment expenses, and received KRW 1 million from D in the same place on May 19, 2010.

Since then, around June 2010, the Defendant borrowed approximately KRW 3.5 billion at the Dong branch of the Bank from Korea, and received KRW 19 million from D as brokerage fees. On June 24, 2010, the Defendant received KRW 500,000,000 from D as brokerage fees. around June 25, 2010, the Defendant received KRW 19,000,000 from the Defendant’s Agricultural Cooperative Account under the name of the Defendant; KRW 19,000,000 from the E-UF bank account; KRW 19,000,000 from the E-UF bank account; KRW 19,000,000 from the F-UF bank account; and KRW 19,000,000 from the G-U bank account as brokerage fees.

As a result, the Defendant received money and valuables of KRW 1300,000,000 from financial companies to arrange matters belonging to the duties of executive officers and employees.

B. Around August 201, the Defendant requested the Ha Construction Office of Daegu Northern-gu to obtain a loan from the above representative I from the financial institution, and the Defendant stated that I “I would like to find out whether it is possible to obtain a loan from another bank, which would change the KRW 10 million in terms of expenses.”

On August 4, 2011, the Defendant received KRW 10 million from I to the Defendant Agricultural Cooperative Account for the purpose of loan brokerage expenses.

As a result, the Defendant received money and valuables of KRW 10 million on the intermediation of matters belonging to the duties of executive officers and employees of financial companies.

2. Defendant who violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment shall be around June 2010.