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(영문) 서울서부지방법원 2018.05.15 2017고단823

특정경제범죄가중처벌등에관한법률위반(증재등)

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[Defendant A] The defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 100.

Reasons

Criminal facts

1. The Defendant borrowed KRW 4,950,00,00 from C Co., Ltd. (hereinafter “C”) on August 2008, and on September 29, 2009, in order to secure the obligation of the loan, the establishment of the right to collateral security (hereinafter “instant real estate”) was completed with respect to the land and E-owned building outside Yongsan-gu Seoul and one of its ground and one other than Yongsan-gu Seoul and its ground-based building (hereinafter “instant real estate”). The registration of the establishment of the right to collateral security (hereinafter “instant real estate”) was completed with respect to C, the debtor, the Defendant, the maximum amount of the claim amount of KRW 6,00,000,000.

In order to sell the instant real estate to each third party, the Defendant wanted to succeed to the loans to C by dividing the loans to each third party, but did not divide the loans. However, around April 2010, the Defendant applied for a loan to 30 households out of the instant real estate, among the instant real estate, to the branch office south-gu branch office of H Bank, and obtained approval from B.

As a result, H Bank branches in South-gu around April 14, 2010 implemented each of the 30 household collateral loans (total amount of KRW 4,728,212,000). around April 14, 2010, the Defendant granted KRW 7,000,000 in cash to H Bank located in Guro-gu Seoul, Seoul, in the office of branch offices in the south-gu, H Bank located in H Bank, and to B, the head of the branch.

As a result, the defendant contributed money to the executive officers and employees of financial companies in relation to their duties.

2. Defendant B received KRW 7,00,000 from A under the pretext of the case of giving a loan, as described in paragraph (1), at the time and place described in paragraph (1).

Accordingly, the defendant, who is an executive officer or employee of financial company, received money and valuables in relation to his duties.

Summary of Evidence

[Defendant A]

1. The defendant's partial statement in the first trial record (the date and time stated in the facts constituting the crime and the purport that he/she applied seven million won to B at the place) / [Defendant B]

1. The statement of the witness A in the third public trial protocol / [the Defendants]

1. Statement made by the witness J in the fourth public trial protocol;

1. A certificate of all registered matters, a loan transaction agreement, and a deposit certificate.