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(영문) 창원지방법원 2016.02.16 2015고합212
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

Defendant shall be punished by imprisonment for five years and by a fine of 150,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From May 2, 2007 to May 14, 2009, the Defendant served as business expert members, etc. of D Co., Ltd. (hereinafter in this case, the name of the Co., Ltd. is omitted) and carried out the business of selling beneficiary certificates and attracting investment funds.

person is a person.

On July 2007, the Defendant requested loan or attraction of investment with the K building of the size of the 6th underground floor located in J, the 12th above ground, which is owned by G and H (Representative E) from E and F.

The case holding that at around 15:55 on October 5, 2007, the defendant entrusted the right to dispose of the above right to benefit to Eul with the office of the defendant in Yeongdeungpo-gu Seoul Metropolitan Government L, as requested by E and D, and transferred the right to benefit to D with the price of KRW 15 billion, and D paid KRW 15 billion to E as the price for the acquisition of the above right to benefit, and Eul paid KRW 16.14 billion in total from January 5, 2008 to October 5, 2008, and received KRW 16.14 billion in transfer contract for the above right to benefit from around 17:00 of the same month to return the above right to benefit to D, and received KRW 100,000,000 from the office fees to the above contract with the same office fees to E around 17:50 of the same month.

As such, the Defendant received money and valuables in relation to his duties as an employee of a financial company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement protocol with respect to E and N (Evidence No. 43);

1. A copy of the contract for transfer of beneficial rights;

1. A case of trust to be included in beneficiary certificates 1;

1. Copy of the judgment;

1. Copies of reports on results of the personnel committee;

1. A copy of personnel records card;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5(4)1 and Article 5(4)1 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012; hereinafter the same shall apply) for the relevant crime

1. Selection of penalty;

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