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(영문) 서울중앙지방법원 2016.09.07 2016고단4642

특정경제범죄가중처벌등에관한법률위반(알선수재)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) is a hub for loan brokerage using a provisional name "C

On October 2013, the Defendant received the amount equivalent to 10% of the loan amount from the operator G and H, who requested the bank loan mediation from the head of the Si/Gun/Gu office located in Gangnam-gu Seoul Special Metropolitan City (hereinafter referred to as "F") in the name of the fee.

On October 4, 2013, the Defendant introduced the above points to G and H, “A loan will be obtained at a corporate bank Obapo point located in the Sinju City of Gwangju,” and the Defendant introduced the above points to them.

The Defendant, along with H, demanded a loan to issue a term letter of credit equivalent to 500,000 U.S. dollars at the above branch with H, 50,000,000 won as a fee, but did not receive an amount because it is too much.

On the same day, the Defendant moved the place to a coffee shop in the vicinity of the Dispute Resolution E and continued to receive a loan from G by stating that “I would have not been able to obtain a loan if I did not do so. I must give money to the banking staff and have an ability to do so. I have an ability to assist the banking operations.” The Defendant also received KRW 10 million from G to the deposit account in the name of J, which is one of its own borrowed accounts, and KRW 10 million to the deposit account in the name of K, a third party, respectively, and received KRW 6 million in cash from G.

Accordingly, the defendant received money and valuables on the intermediation of matters belonging to the duties of employees of financial institutions.

2. The Defendant in violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment is likely to receive a loan brokerage fee from a deposit account in his/her or his/her or his/her relative name at the time, place, and at the same time, to introduce G and H as “C” and, at the same time, to provide a person whose name is unknown (L “one million won”).