특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant
A shall be punished by imprisonment for two years.
However, with respect to Defendant A, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Defendant A, on March 11, 2008, had been in charge of the payment guarantee of the PF on the apartment site to be constructed by the company T (hereinafter “T”) and U (hereinafter “U”) on March 11, 2008, Defendant A offered convenience in relation to the payment guarantee of the FF 30 billion won of the X-based company X-based subsidiary company X-based subsidiary company of the Korea Development Bank (hereinafter “T”) around November 2007. On the other hand, Defendant A purchased the apartment house price of KRW 632,250,000,000, which is the market price of KRW 4330,000,000,000,000, in its own name, among apartment houses owned by the U.S. after the occupancy of the seller was completed, and at the same time, Defendant A purchased the apartment house price of KRW 293,500,000,000,000,00 won.
This part of the facts charged is not guilty
3. The facts charged and the facts charged as a blanket offense, but the unity and continuity of each of the above facts charged cannot be recognized as a concurrent offense, as they are followed.
The applicable provisions of this part of the indictment include Articles 133(1) and 131(2) of the Criminal Act, but the facts charged do not state that “the bribe was given after the commission of an unlawful act” is not stated, and it is determined as a simple crime of offering a bribe by deeming it as a clerical error in the applicable provisions
Even if this part of the facts charged is deemed to be “the offering of a bribe after an unlawful act”, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., W analyzed various data to review the feasibility of the above PF loan payment guarantee, and conducted on-site investigations; ② W analyzes business balance in comparison with the executor in reviewing the feasibility of the above PF loan payment guarantee; ③ W is offered as a security for the sales revenue of the AC project in the Young City in relation to the above PF loan payment guarantee.