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(영문) 서울동부지방법원 2015.12.17 2014고단4048
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Around 2010, the Defendant served as an investigative station in the Financial Supervisory Service.

On June 23, 2010, the Defendant received KRW 10 million in cash upon request from the employeeN, etc. who works in charge of M so that he/she received the case of K Co., Ltd. (hereinafter “K”) under investigation by the Financial Supervisory Service at the time of J (hereinafter “K”) and the case of embezzlement of capital increase with respect to capital increase (hereinafter “L”) at the time when J took over L Co., Ltd. (hereinafter “K”), which was under investigation by the Financial Supervisory Service at that time, and the case of embezzlement of capital increase with respect to capital increase (hereinafter “L case”), etc. at the time, he/she received KRW 10 million in cash.

As a result, the Defendant received money and valuables from officers and employees of financial institutions in order to mediate matters pertaining to the duties of officers and employees of financial institutions.

B. On June 23, 2010, the Defendant received respectively a total of 26,830,997 won in total from 25 times, as indicated in the attached crime list from the end of December 2010, by requesting the staff N, etc. working in J and Q to offer to the employees N, etc. who work in M, so that the cases described in the above paragraph (a) can be dealt with smoothly. In addition, the Defendant received an alcoholic entertainment call at the price of KRW 1,00,000,000 in total, from the end of December 2010 to the end of December 2010.

As a result, the Defendant received money and valuables from officers and employees of financial institutions in order to mediate matters pertaining to the duties of officers and employees of financial institutions.

2. As to the receipt of KRW 10 million in cash (a) (a summary of the charges charged No. 1-A)

A. The gist of the Defendant and his defense counsel’s assertion is that there was no such solicitation as stated in the facts charged, and there was no fact that the Defendant received cash KRW 10 million.

B. The Defendant denies the receipt of money in a case where the issue is whether to receive money or not.

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