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(영문) 서울남부지방법원 2019.07.19 2018고합518
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

5,000,000 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

The court partly revised the facts charged to the extent that it does not substantially infringe the defendant's right of defense according to the facts found based on the evidence investigated by the court.

The defendant is a licensed administrative agent.

"2018 Gohap518"

1. No person who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall request or promise to receive money, goods or other benefits, or request or promise to provide them to a third party in connection with the intermediation of matters concerning the duties of officers and employees of financial institutions;

On December 2, 2016, the Defendant, who received the inquiry from B on the legal procedures and requirements for supporting start-up funds of policy financial institutions, stated to the effect that “Any person who wants to know at home is an auditor of the Korea Credit Guarantee Fund, and has not yet left for retirement. The Korea Credit Guarantee Fund may receive start-up funds from the Korea Credit Guarantee Fund. The auditor may receive 100% of the start-up funds from the Korea Credit Guarantee Fund. The auditor may be entrusted with work to ensure that the auditor can work promptly before his retirement. The contract deposit is paid first, and if the start-up funds are paid later, the contract deposit shall be paid first, and if the start-up funds are paid later, the contingent fee shall be 20

Accordingly, around February 28, 2017, the Defendant: (a) prepared a “act for supporting comprehensive administrative affairs, etc.” with B at the office of D administrative agent operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government; and (b) transferred KRW 5 million from B to E bank account in the name of the Defendant on March 1, 2017.

As a result, the Defendant received money and valuables on the intermediation of matters concerning the duties of officers and employees of financial institutions.

"2018 Gohap545"

2. On April 2017, the Defendant violated the Attorney-at-Law Act: (a) lent KRW 200 million to G with respect to food materials marina business; (b) obtained the authentication of a promissory note with respect to the said claim; (c) thereafter, receive reimbursement of KRW 50 million from G; and (d) conducted by G with respect to H companies operating KRW 30 million.

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