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(영문) 부산지방법원 2015.04.17 2015고합93
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than eight months.

28,542,380 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant committed an act of arranging to issue a letter of guarantee to E for business operators who have difficulty in obtaining a guarantee for a loan from the Korea Technology Credit Guarantee Fund in a normal way, using the pro ratas of the D branch and the site store E, and had been paid the price.

On March 2014, 2014, the Defendant heard the fact that he applied for a letter of guarantee to the Korea Technology Credit Guarantee Fund in order to obtain a loan for operation funds from the Chairperson of H Co., Ltd. (hereinafter “H”) located in G in Kimhae-si (hereinafter “H”), which was introduced through F, as a patrolman, and introduced I into the Korea Technology Credit Guarantee Fund as the name of D Site Location E and senior relatives.

The Defendant received the request from the Korea Technology Credit Guarantee Fund to E to make a letter of guarantee issued by the Korea Technology Credit Guarantee Fund as a result of the request, and the Defendant promised to receive an amount equivalent to 3% of the amount of the loan in return for the issuance of the said letter of guarantee, and asked E, a person in charge of review of the letter of guarantee issued by H to promptly issue the letter of guarantee of KRW 80 million to E on April 14, 2014, and made H to obtain a loan of KRW 1 billion from the industrial bank using the said letter of guarantee around April 16, 2014.

As above, around April 16, 2014, the Defendant arranged the issuance of a letter of guarantee by the Korea Technology Credit Guarantee Fund and issued two copies of a cashier’s check in the name of KRW 10 million from I as a honorarium, and around April 16, 2014, the Defendant received KRW 4,271,190 in the Busan Bank account (Account Number J) in the name of the Defendant under the same name as the Busan Bank account (Account Number:J) and KRW 4,271,190 in the same name as the above account around May 16, 2014.

Accordingly, the Defendant received a total of KRW 28,542,380 from I to arrange matters related to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1.As regards I and K.

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