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(영문) 수원지방법원 2014.01.10 2012고합1370
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendants shall be punished by a fine of KRW 15,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the representative director of F Co., Ltd. (hereinafter referred to as “F”), who is the construction executor, and Defendant B is a person who uses the F’s vice president and carries out various business affairs of the said F.

On September 2010, the Defendants came to know that the representative director I of H (hereinafter “H”) who was in charge of the business of constructing a partnership apartment (hereinafter “instant business”) with G members of G day-si, obtained a loan of KRW 9 billion from the financial institution as the purchase fund for the instant land subject to the instant business from the financial institution, but it was difficult for the Defendants to make a loan difficult.

On September 2010, the Defendants promised to “I will help to obtain a loan in the name of H because there is a person who wants to do so to the Present Switzerland Savings Bank,” and demanded to pay a certain amount as a fee.

On September 29, 2010, Defendant B prepared a real estate consulting agreement (PM) stating that “H will pay KRW 300 million to Defendant B, the K consulting representative, upon the execution of the loan of KRW 9 billion for the land price of the instant project and the project funds,” between Defendant B and I who representing H at the site of the Buddhist land.

Since then, the Hyundai Swiss 3 Savings Bank and Hyundai Swiss 4 Savings Bank implemented a total of KRW 9 billion loan to H around December 17, 2010, the Defendants demanded I to pay money as a loan brokerage fee, and the Defendants received KRW 30 million from the Agricultural Cooperative Account (L) in the name of Defendant B on August 10, 201.

As a result, the Defendants conspired to receive money and valuables on the intermediation of matters belonging to the duties of officers and employees of financial institutions.

Summary of Evidence

1. Defendants’ 10th trial date and statement in court

1. A real estate consulting contract (No. 35), a claim for the registration of real estate ownership transfer, an application for provisional seizure, an investigation report (the details of the payment of rebates for loan), and an investigation report (the attachment of a lawsuit to claim B service costs).

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