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(영문) 수원지방법원 평택지원 2017.08.11 2017고합64
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On May 27, 2016, the Defendant was sentenced to one year of suspended execution for six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) at the Seoul Southern District Court, and the judgment was finalized on June 4, 2016.

[Criminal facts] The Defendant is the operator of C, the management consulting company, D, the representative director of E, the management consulting company, and F, the planning office of G.

1. Around October 2013, the Defendant conspired with D and F to obtain a request from H (hereinafter “H”) from the regular manager of H (hereinafter “H”) to raise funds, such as bank loans, and agreed to do so. Around October 2013, the Defendant had a financial institution make a loan to H through the connection with the officers and employees of the financial institution, and conspired to receive the payment and distribute it.

D Around October 2013, after receiving a request from I to raise H’s funds, I asked F of the funding status, and F of the “F of the Industrial Bank J Branch of the J branch of the Industrial Bank, which is able to obtain a loan through H,” and the Defendant stated that “A of the Industrial Bank J branch of the Industrial Bank, which is able to obtain a loan through H, is able to enter into an advisory contract in the form of form,” and the Defendant is not able to obtain a loan from D in the front, and thus, I would be able to give part of the brokerage fee.

“Around October 2013, 2013, H Representative M and Standing I from H office located in Pyeongtaek-si L, “The K branch of the Korea Development Bank J K branch shall visit within the several days.” The K branch of the Korea Development Bank shall prepare a written advisory contract in the name of C by stating that “The 10% of the K branch’s loans to be extended through the K branch of the Korea Development Bank J branch of the Korea Development Bank shall be changed to the fee.” On December 10, 2013, the K branch of the Industrial Bank J branch of the Korea Development Bank was transferred KRW 100 million to the account in the name of the Defendant’s name on December 11, 2013.

As a result, the Defendant conspired with D or F to arrange matters related to the duties of officers and employees of financial companies (Defendant 15 million won, D35 million won, etc.) in collusion with D or F.

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