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(영문) 광주지방법원 2012.05.30 2011노2484
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles as the representative director of the E Bank Group, who is a related company of the E Bank Group, only delivered the application for the loan of mileage loan to the president of the E Bank on or around December 4, 2007 in the internal report form, and not requested the O from an independent third party, but received management consulting service charges according to the role of the E Bank, 50 million won out of 2 billion won paid by the E Bank. However, the judgment below convicting the facts charged of this case by misunderstanding of facts or misunderstanding of legal principles as to the mediation act, which affected the conclusion of the judgment. 2) The sentence (one hundred months of imprisonment, two years of suspended execution, and additional collection 50 million won) sentenced by the court below on unfair sentencing is too unreasonable.

3. The other party to the illegal collection of additional collection shall be the company of this case, in which the fees actually paid and the profit actually accrued, and even if it is possible to collect additional collection from the defendant for domestic affairs, it is unreasonable to order the additional collection of additional collection up to the portion paid as a tax.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. 1) Determination of mistake of facts or misapprehension of legal principles regarding the instant facts charged is based on the following: E Bank, F Bank, and G Bank (hereinafter “E Bank”)

around November 30, 2007, after receiving investments from each executive or major shareholder of the company, the I Co., Ltd. has been established and has been employed as the representative director for the purpose of providing asset-backed financial advice, etc. in the Gangnam-gu Seoul Metropolitan Government H Buildings.

The Defendant, on December 2, 2007, promoted from the Chairman K and Vice-President L of J Co., Ltd, a branch of the said I Co., Ltd. at the office of the said I Co., Ltd. on the land approximately KRW 7,60,00,00, Gyeongnam-dong N Development Project (hereinafter “instant project”).

"10 billion won in relation to "........."

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