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(영문) 서울중앙지방법원 2016.10.14 2014고합340 (1)

특정경제범죄가중처벌등에관한법률위반(알선수재)등

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On October 2012, F received the request from Defendant A to arrange for a loan of business funds from financial institutions, such as the Credit Guarantee Fund, and the Defendant B asked Defendant B, who was in a pro rata relationship with H of the Credit Guarantee Fund, to grant a loan. Defendant B talked that “The Credit Guarantee Fund requires a cost of KRW 30 million in order to obtain a guarantee from the Credit Guarantee Fund,” and the F talked about this to Defendant A.

Defendant

A around October 2012, at the office of the J (hereinafter “J”) of the J (hereinafter “J”) (hereinafter “J”) operated by G in Pocheon-si, Mancheon-si, G, “A is well aware of the loan brokerage business in Korea, and the person is well aware of the Korea Credit Guarantee Fund H, so it is possible to keep the loan from the Korea Credit Guarantee Fund as necessary. In order to obtain the loan, A said person would receive the loan from the Korea Credit Guarantee Fund. The expenses needed for the loan will change from time to time.”

Accordingly, G transferred KRW 5 million to the account under the name of K on October 27, 2012, KRW 30 million to the account under the name of Defendant B on November 9, 2012, and KRW 3 million to the account under the name of L on December 10, 2012, and Defendant A through Defendant A on November 9, 2012, and provided F with the J’s corporate card and used KRW 19,673,119 with the said corporate card from time to December 20, 2012.

Accordingly, in collusion with F, the Defendants received money or other valuables or other benefits equivalent to KRW 57,673,119 in total in connection with the arrangement of matters belonging to the duties of officers and employees of financial institutions.

(However, with respect to Defendant B, only the part of the evidence received in the account in its name, which was remitted to the account in its name. Summary of evidence

1. Defendant B’s partial statement

1. The entries of the Defendants and F in their respective statements in the sixth trial records;

1. Statement made by witnesses G in the third protocol of trial;

1. Each prosecutor's protocol of interrogation of the Defendants and F concerning the Defendants and F contains some statements

1. Each police officer against Defendant A and F.