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(영문) 서울남부지방법원 2016.08.26 2016고합292
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, the period of one year is between one year.

Reasons

Punishment of the crime

The Defendants changed the name of “J” on April 27, 2015 from “I” to “J” corporation located in Songpa-gu Seoul Metropolitan Government and the third floor on October 2, 2014.

A person who has actually acquired H (hereinafter referred to as “H”), K’s representative director, and L is a person who prepares and supplies false financial statements, etc. through a false tax data preparation company that is a M-Tax Accounting Corporation.

F In the bill of indictment on September 2014, the point at which F took over H is stated as “ around June 2014,” but in light of the 2054 and 2144 pages of investigation records, the point at which F appears to be “ around September 2014.”

After acquiring I Co., Ltd. with no record of purchase, the trade name was changed to H, K took office as the representative director of H around November 14, 2014, L fraudulently fabricated H's export performance and prepares false financial statements.

1. On March 2015, Defendant A knew of the fact that H was aware of the loan of a financial institution, Defendant A provided the loan to K et al., and provided the loan to K et al., “A may receive the loan upon request of the bank employees who known it,” and arranged the loan of H by introducing O to another loan hub N.

Since then on April 30, 2015, K, F, L submitted the above false financial statements, etc. of H from the Korean bank to the person in charge of the loan at a branch of the half-month branch of the Korean bank located in Ansan-si, Seoul-si, 419, and then borrowed KRW 700 million from the Korean bank. The Defendant was issued KRW 20 million from K in the vicinity of the Korean Financial Center in the half-month of the Korean bank located in the 7th century of the members of the Ansan-si. The Defendant received KRW 70 million from K in the name of the loan brokerage fee for the Korean bank.

As a result, the Defendant received money and valuables for arranging matters pertaining to duties of executive officers and employees such as financial companies.

2. The Defendants’ joint crime Defendant A contact a legal entity that wishes to obtain a loan and commission.

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