특정경제범죄가중처벌등에관한법률위반(알선수재)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 28, 2012, the Defendant: (a) around the Dongjak-gu Seoul National Cemetery located in the Dongjak-gu Seoul National Cemetery, the Defendant: (b) provided a collateral security on KRW 40 million for loans; (c) provided a lessee D, who actually owns the Gangseo-gu Seoul Metropolitan Government Library located in the lessee of the lease deposit amounting to KRW 70 million; and (d) received KRW 17 million for loans from the victim to receive KRW 17 million for the personnel expenses, etc. related to bank personnel expenses, etc.; and (e) received money and valuables for arranging loans, which are matters related to the duties of executive officers and employees of financial companies, etc.
Summary of Evidence
1. Statement of the defendant in the fifth trial records;
1. Legal statement of the witness D;
1. Partial statement of witness E in the third protocol of trial;
1. Determination of the defendant's assertion of the investigation report (D phone statement for reference)
1. The Defendant’s assertion delivered money to E to arrange for a loan, and E is an employee of the F Co., Ltd. (hereinafter “F”) who entered into a loan recruitment entrustment contract with one bank. Since F does not constitute “financial institution” under Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the Defendant’s act of mediating a loan to E does not constitute punishment.
2. Determination
A. Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes aims to ensure the independency of duties by prohibiting the act of receiving money or goods by participating in the duties and receiving money or goods in addition to the State's economic policy and the national economy (Article 5) or any other act of receiving money or goods by participating in the duties, as the business of a financial institution under Article 2 subparagraph 1 of the same Act has a public nature, and thus, it means the act of mediating or assisting a certain matter between a certain person and the other party as well as any other person.