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(영문) 서울중앙지방법원 2015.01.09 2014고합870
특정범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A shall be punished by imprisonment for not less than two years and six months.

Defendant

A 407,330,267 won shall be additionally collected.

Defendant

B. is not guilty.

Reasons

A criminal history room (Defendant A) around June 4, 2013, the Defendant received money and valuables or benefits equivalent to KRW 407,330,267 in total from M under the same name as stated in attached Table 1 No. 2, 5, and 7 from around that time to February 13, 2014, as described in the following: (a) the Defendant received cash 200 million won from M, along with a solicitation that “the special supervision of L going under the jurisdiction of the Financial Supervisory Service,” from the former operator of the Gangnam-gu Seoul High Court L (hereinafter referred to as “L”), from the former operator of the L of the L of the L of the Financial Supervisory Service (hereinafter referred to as “L”).

As a result, the defendant received money or other valuables or benefits from mediating matters belonging to public officials' duties.

Summary of Evidence (Defendant A)

1. Statement by the defendant in court;

1. Partial statement of the witness M;

1. Each prosecutor's protocol of statement concerning N,O, and P;

1. A copy of the accusation letter of the Financial Services Commission, the details of the use of the corporation card, the card issued by the Bank of Korea on June 4, 2013, the card and bank withdrawal certificate, photo 19 copies, Q Internet search report, three copies of text messages, the progress and reorganization of supervision by the Bank of Korea on L, the progress of supervision by the Bank of Korea on L, the CIF and some details of P account under the name of the P, the transfer of P Account entry and withdrawal, the check paper related to P Account deposit, the NAV map, the copy of the check issued by the Bank of Gwangju, the Gangnam-nam Branch of the Bank of Gwangju, and the check issued by R on September 10, 2013, the 100 million won check and the re-issuance slip, the CIF data and the health insurance subscription status of R and A on September 10, 2013.

1. Application of Acts and subordinate statutes (the defendant A) to each investigation report (the Nos. 3, 6, 52 in the list of evidence);

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, covering the corresponding Articles of the Act on the Punishment, etc. of Specific Crimes and the choice of punishment;

2. Reasons for sentencing (Defendant A) under the latter part of Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. Determination of sentence: In this case where the sentencing guidelines are not applied in two and half years of imprisonment, the defendant himself commits by the prosecution from this court to this court.

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