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(영문) 부산지방법원 2014.02.07 2013고합835
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

70,270,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal power] On August 7, 2009, the defendant was sentenced to one year of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (recidantant Property) in Busan District Court, and completed the execution of the above punishment on May 20, 2010.

【Criminal Facts】

around July 11, 2012, the Defendant issued KRW 20 million from July 11, 2012 to October 18, 2012, a total of KRW 702,70,700,000 from F in terms of loan brokerage fees, as stated in the attached list of crimes, on seven occasions from F to July 18, 2012, on the same day, to F, who intends to take over the “EM” located in Suwon-si, Busan Metropolitan City (hereinafter referred to as “EM”) with a person who wants to take over the “EM” in Yangsan-si.

Accordingly, the Defendant received 7,0270,000 won as to the intermediation of loan business, which belongs to the duties of officers and employees of financial companies.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Police investigation report (a copy of a detailed statement of passbook) (a crime record on the market);

1. Criminal records;

1. Application of Acts and subordinate statutes to investigation into the current status;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (General Provisions and Selection of

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 10 (3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Determination of the type of punishment under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] 10 years of imprisonment with prison labor for the sentencing of Article 334(1) of the same Act : Securities and financial crimes, financial crimes, brokerage and acceptance of the duties of executive officers and employees of financial institutions, 50 million won or more but less than 100 million won (type 3) - special cultivation factors - general cultivation factors of the same repeated offense - the scope of recommendation punishment in cases of arranging acts: imprisonment with prison labor for 2 years to 4 years (aggravated area).

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