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(영문) 부산지방법원 동부지원 2016.02.16 2015고합180

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended between one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was from the vice-chief of the head office of the E Co., Ltd. (hereinafter “E”) and was working as the sixth chief executive officer of G in F from June 13, 201 to August 10, 2014.

The Defendant requested the representative director I of H (hereinafter referred to as “H”) of H to obtain a guarantee certificate of the Korea Credit Guarantee Fund necessary for obtaining a general loan from a financial institution on February 1, 2013 to March 2013, upon receipt of a request from the president of H (hereinafter referred to as “H”), and received a letter of credit guarantee worth KRW 1 billion from the K branch of the Korea Credit Guarantee Fund (a letter of credit guarantee worth KRW 1.25 billion for E loans of KRW 1.5 billion on March 11, 2013), and a letter of credit guarantee equivalent to KRW 50 million on April 29, 2013 (a letter of credit guarantee for KRW 6.25 billion on May 2, 2013), respectively, from the Yong-Nam-Naman region of the Korea Credit Guarantee Fund (a letter of credit guarantee for KRW 500 million).

On May 28, 2013, the Defendant again requested H’s representative director I to obtain a guarantee of the securitization company for the issuance of privately placed bonds from the Korea Credit Guarantee Fund, and had H obtain a guarantee of the securitization company equivalent to one billion won for the issuance of privately placed bonds from the K branch of the Korea Credit Guarantee Fund on October 28, 2013.

On November 2013, the Defendant continued to receive a request from the representative director I of H to the effect that H may increase the limit of the amount of marina loan equivalent to KRW 1 billion which he received from the existing E in the amount of KRW 3 billion.

E The president of the E president, etc. had H get H to borrow a Masp loan equivalent to KRW 2 billion on December 16, 2013.

Since July 17, 2014, the Defendant arranged that H’s representative director I may obtain a guarantee from the Korea Credit Guarantee Fund, as above, from H’s representative director I in the vicinity of the G building, and is equivalent to KRW 2 billion from E.