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(영문) 부산지방법원 2017.08.17 2016고정4287
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On September 9, 2014, the Defendant, at the office of the manufacturing company of agricultural machinery in the operation of Gangseo-gu Busan Metropolitan Government C, was requested by D to receive a guarantee from D and receive a loan from the Korea Technology Finance Corporation, and it is well known that D is the branch office of the Korea Technology Finance Corporation in F.

It would be possible to get a loan of policy funds with guarantee.

The phrase “it may receive 200 million won or more interest per annum 2% or more,” and the phrase “the Korea Technology Finance Corporation shall provide meals with the persons concerned with the Korea Technology Finance Corporation, encourage gifts and offer expenses to them.”

The sum of eight million won, including D’s KRW 3 million on September 5, 2014, KRW 300,000 on September 6, 2014, and KRW 200,000 on September 22, 2014, was transferred to the post office account in the name of Defendant, under the pretext of the street funds for the Korea Technology Finance Corporation’s employees.

As a result, the Defendant received 8 million won from D about arranging matters related to the duties of officers and employees of financial institutions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to inquiries into details of financial transactions (287 pages);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, in relation to the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 10 (3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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