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(영문) 서울남부지방법원 2019.02.15 2018고합583

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On February 2, 2012, the Defendant: (a) received the request from E, the representative of D, a corporation, which promoted new house construction work in the land B and C, to obtain a loan; and (b) received the request from E, the Defendant, who was the representative of D, who was in need of the project fund; (c) received the commission for introducing E and receiving the loan; and (d) received the commission for mediating to introduce and receive the loan.

On February 24, 2012, the Defendant: (a) arranged to obtain a loan of KRW 1,920,435,514 from the FF Treasury located in Ansan-si G located in Ansan-si to secure the said land as collateral; and (b) received KRW 20,000,000 from the F Depository Account in the name of the Defendant (Account Number: H) under the pretext of the good offices fee from E on the same day.

As a result, the Defendant received money and valuables for arranging matters belonging to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning E (No. 25);

1. Each prosecutor's investigation report (number 21, 30);

1. A copy of the police investigation report (number 9);

1. Application of the F e-mail reply details (No. 17) statute;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to five years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for securities and financial crimes, and the scope of recommendation and acceptance of referral and acceptance in respect of the duties of executives and employees of financial institutions, and the amount of financial crimes [less than 30 million won] positive demands [less than 30 million won] positive demands (the scope of recommendation field and recommendation range] increased area, six months to one year and six months;

3. Determination of sentence: Ten months of imprisonment, and the crime of this case for two years of suspended sentence shall be committed by financial institutions, etc.;