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(영문) 수원지방법원 여주지원 2012.11.29 2012고합70
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

Defendant

A Imprisonment with prison labor for four years and for one year, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (water, etc.) had been subject to disciplinary dismissal from around June 27, 2003 to May 20, 2010, Defendant A served as a full-time manager for the overall management of the union’s business from H located in Echeon-si G (hereinafter “H”).

Defendant

On March 23, 2009, A came to know that Defendant B, who operated a feed processing and selling company, Company I (hereinafter “I”), was trying to transfer his business rapidly to H on the grounds of economic difficulties, and the case cost was demanded by Defendant B to contact with Defendant B. On March 23, 2009, the contract date was set at the request of Defendant B so that the down payment may exceed KRW 200 million.

Defendant

On March 23, 2009 upon Defendant B’s request, the H office made a contract with Defendant B to take over the business of Defendant B at the H office, and received KRW 250 million as the down payment. On the same day, Defendant B received KRW 50 million out of the above KRW 250 million from Defendant B as the case payment, and the executives and employees of the financial institution received money and valuables in connection with their duties.

B. Defendant A who violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment is an officer or employee of H, a financial institution, and around March 23, 2009.

In relation to the business takeover of H as stated in the paragraph, the defendant B received from the defendant B one copy of the cashier's checks ( check number J) of the amount of KRW 50 million at the face value as the case cost with respect to his duties.

Defendant

A has attempted to conceal criminal proceeds by making it considerably difficult for the specific tracking or discovery of criminal proceeds by using the criminal proceeds by transferring them to the defendant's friendship or in the name of the defendant's family members in sequential order for the purpose of pretending the above acquisition of criminal proceeds and pretending to be legitimately acquired property.

Defendant

A around March 24, 2010, around 2010, received from Defendant B as above 50 million.

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