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(영문) 서울북부지방법원 2017.12.06 2017고단674
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A Imprisonment with prison labor for two years and for ten months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is the hub for the loan of the former president E of the D Union in Yangcheon-gu Seoul, and Defendant B is the actual operator of F Co., Ltd., the purpose of which is investment and consulting business, who was sentenced to imprisonment with prison labor for one year and two months at the Seoul Central District Court on October 14, 2016 and the judgment becomes final and conclusive on the 22th of the same month.

The Defendants received real estate mortgage loans from the above D Association as collateral with the building of Yongsan-gu Seoul Metropolitan Government H owned by G, and offered them with money in installments under the pretext of loans from G.

1. Defendants A and B conspired to introduce G to E on December 12, 2012, by introducing G to the said D association, and allowing G to borrow approximately KRW 1.659 billion as security of H building I and J, and around December 13, 2012, the Defendants deposited KRW 20 million in the account of a company bank (M) in the name of the farming corporation (State L representative director, Defendant A and de facto marriage) K (U) on December 13, 2012.

As a result, the Defendants conspired to receive money and valuables for arranging matters related to the duties of officers and employees of financial companies.

2. On December 28, 2012, Defendant A’s sole criminal defendant drafted a summary of the content that he/she transferred ownership at the Defendant’s office located in Young-gu Seoul Young-gu N, Seoul around December 28, 2012, at KRW 750,000,000, more than the market price, on condition that he/she received additional loans from the rest of the above H building as collateral.

As a result, the Defendant promised to receive money equivalent to the next amount of money and valuables on the intermediation of matters concerning the duties of executive officers and employees of financial companies.

Summary of Evidence

1. The legal statement of Defendant B and some of Defendant A’s legal statement

1. Legal statement of witness G;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Inquiry into details of transactions (P Partnership, Qua);

1. An agreement (R and A);

1. Each appraisal statement;

1. Previous convictions: Application of Acts and subordinate statutes of inquiry about criminal history;

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