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(영문) 서울고등법원 2017.08.18 2017노380
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misapprehension of the legal doctrine does not constitute a single crime, but a substantive concurrent crime, since the receipt of money by the defendant two times is not a single crime and continuous crime.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, additional collection of 50 million won) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of legal principles.

G shall decide to request the defendant to arrange the Korea Development Bank's facility loan for the extension of factories of F Co., Ltd., and a large amount of money may be borne without the loan.

The judgment and the payment of 30 million won was made first on the ship which is not a big burden.

After that, as the loan is approved and the loan is in progress, there is no longer time to extend the factory, etc., and the additional KRW 25 million was paid on September 2, 2013.

According to the above facts, G delivered to the defendant a sum of KRW 55 million on two occasions according to the single criminal intent of Korea Development Bank's arrangement of facility loans, and there was a suspension or renewal of the crime among them.

There was no circumstance to recognize.

Defendant

In addition, G was aware that the payment of money was made twice under the single criminal intent of the loan of Korea Development Bank.

The defendant's receipt of money two times under the single crime called referral of loans from the Korea Development Bank constitutes a single crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes).

The defendant's assertion of misapprehension of the legal principles is without merit.

B. As to the wrongful argument of sentencing, the Defendant is adequate to receive money as an assistant officer for National Assembly members.

The amount of loan extended by the Korea Development Bank to F is also reasonable.

In addition, the age of the defendant, sex, environment, motive, means and consequence of committing the crime.

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