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(영문) 청주지방법원 2015.05.14 2015노306
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not intend to obtain a high-amount illegal loan as security from the IFF located in the Gancheon-gun S, the Gancheon-gun (hereinafter “IFF”), but requested the Defendant to obtain a high-amount illegal loan as security by intentionally approaching the Defendant and drawing up a false private document. Therefore, the Defendant attempted to obtain a high-amount of IFFF as security by intentionally approaching the Defendant.

The defendant was employed as a management director of the FF farming association operated by the victim and introduced the owner E of the IFF association, and was in charge of the maintenance of the IF association, the establishment of the business plan, and the loan business secured by the IF. Therefore, the defendant was paid KRW 15 million from the victim for vehicle maintenance expenses, food expenses, and other expenses.

Therefore, the judgment of the court below which convicted the defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the crime of fraud even though the defendant did not have the criminal intent of deception and deception, and did not receive the above money under the pretext of arranging illegal loan to the financial institution, is erroneous in the misapprehension

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, additional collection of ten million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to whether there was the intent to commit the crime of defraudation and deception of the Defendant, it is determined that the Defendant could have taken such loan in the absence of the intent and ability to obtain the high amount of illegal loan desired by the victim, thereby deceiving the victim.

D, which introduced the victim and the defendant to the victim on August 18, 2013, is a person employed by the victim, D and the defendant on the job of the victim, D and the defendant, and is well aware of the appraiser's identity, and thus, IFF loans amounting to KRW 70 million as security.

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