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(영문) 수원지방법원 안산지원 2014.11.18 2014고단1382

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

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

203,120,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant is a person who actually operates D (individual business) established for the purpose of providing advice on corporate management, etc., and mediates a loan to an enterprise that wants to obtain a financial institution, and thereby acquires money and valuables under the pretext of activity expenses and fees.

No one shall receive money, valuables, or other benefits with respect to referral of matters that belong to the duties of an executive or employee of a financial company, etc.

Around September 2012, the Defendant received KRW 500,000 from G, the representative of the above company, “A company’s credit rating is low, the company was unable to obtain a loan of credit in bad credit standing,” and instead, the Defendant received a request from G, the representative of the above company (“AF office”) and received a loan of financial rights from the employees of financial institutions such as the Korea Credit Guarantee Fund, the Small and Medium Business Corporation, etc., and commercial banks such as Korean banks to obtain a loan of purchase funds or operating funds from the financial institutions.” From around October 2, 2012, the Defendant received KRW 50,000 from the above G to April 30, 2014 as stated in the attached list of crimes, including the receipt of KRW 30,000 through H’s bank account (Account Number: I) around October 2, 2012, from around 200 to April 30, 2014.

As a result, the Defendant received 203,120,000 won as to the intermediation of credit affairs, which are matters belonging to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. The prosecutor's statement concerning G;

1. A copy of the funds deposited by the KF in the I Bank account in H, and additional funds paid to A, one copy, and one copy, respectively.