(영문) 서울중앙지방법원 2018.06.22 2017노3111

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(영문) 서울중앙지방법원 2018.06.22 2017노3111

특정경제범죄가중처벌등에관한법률위반(알선수재)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) was granted a loan by D; (b) was introduced by the employees of the lending institution; and (c) received KRW 3 million from D on November 2, 201 under the pretext of investment or loan; and (d) did not receive money and valuables from D in collusion with C by arranging the loan and receiving it.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 7 million and an additional collection of KRW 13 million) is too unreasonable.

2. Determination

A. The lower court rejected this assertion in detail, on the ground that the Defendant’s assertion of misunderstanding of facts is similar to the grounds for appeal in this part, and on the ground that the lower court stated in detail that “the determination on the Defendant and the defense counsel’s assertion”.

There is no reasonable ground to deem that it is remarkably unfair to maintain the judgment as it is in violation of logical and empirical rules that the judgment of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts was against the logical and empirical rules.

In addition, considering the following circumstances recognized by the evidence duly adopted and investigated by the court below, the court below did not err by misapprehending the legal principles as alleged in the defendant, and thus, this part of the defendant's assertion is rejected.

1) The Defendant received a loan from D at the first prosecutorial investigation stage, and introduced the employees of the lending institution and received the amount of KRW 2 million in cash under the name of the loan cost.

The statement was made (Evidence 157 pages), and later C was deposited on November 2, 201 in the account at the time of the mass newspaper of the Department C, and 3 million won was used by the defendant, and the remaining KRW 10 million was received as investment.

After the trial date of the court below, the statement was reversed to the effect that “the person received KRW 3 million in cash, and KRW 13 million in cash,” and that “the person received the investment amount.”

Since then, the defendant.

유사 판례

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-대전지방법원 2018.02.08 2017노3123

-서울중앙지방법원 2020.11.25 2020노1925