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(영문) 서울고등법원 2013.03.08 2012노4253
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing that sentenced KRW 100,000,000 to the Defendant by the prosecutor is too uneasible and unreasonable.

B. Defendant 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) was committed by the Defendant through the head of KS AC division and the deputy head of AH of securities (hereinafter referred to as “PF”) upon the Defendant’s request from the victim H to request funds to take place from the financial right to take place, which is a cable broadcasting station in Chuncheon area. Accordingly, the Defendant was suspended from PF work due to the circumstances of H, and accordingly, the Defendant was to receive KRW 100 million as the price for the portion on which the Defendant made efforts, and thus, the Defendant did not receive KRW 100 million under the pretext of arranging the renewal of the license of the Gangwon Broadcasting.

Nevertheless, the lower court recognized that the Defendant conspired with F to receive KRW 100 million in connection with the referral of matters pertaining to the duties of public officials from H, which is unlawful as it misleads the fact and is unlawful.

B) The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, is a P Co., Ltd. (hereinafter “P”).

) The Korea Mutual Savings Bank (hereinafter referred to as “Korea Mutual Savings Bank”) is the first Mutual Savings Bank (hereinafter referred to as “Korea Mutual Savings Bank”) after receiving a request for a loan in connection with the construction project of Q materials in the Nam-si.

(B) If a loan of KRW 6.5 billion was granted through R, the amount of KRW 40 million was KRW 40 million. However, at the time, P’s corporate credit rating was cash flow-based R2 (total sales of KRW 10.0 billion, net profit of KRW 1.355 billion, dependence on the loan was a superior construction company with KRW 6.59%, and the guarantor for the loan was the head of AE business start-ups at the time of 2008, to the south of the Republic of Korea’s property order of KRW 100,000.

And G.

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