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(영문) 서울북부지방법원 2017.09.01 2017노853
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts or misapprehension of the legal doctrine) In the determination as to Article 1 of the facts charged, the lower court deemed all the acquisition of the commission No. 29 stated in the list of crimes (hereinafter “the list of crimes 1”) of the lower judgment as substantive concurrent crimes.

However, the acquisition of each fee of No. 1, 2, 3, 4, and 5 in the table of crime Nos. 1, 2, 4, and 5 was received in return for arranging a loan to the Z (A) through the introduction of D, and each fee of No. 9, 10, and 11 was acquired (AB loan of No. 2 financial right), the net time, the acquisition of each fee of No. 6,16 (AC loan of No. 2 financial right), the net time, 12, and 13 (SP lending of No. 2 financial right), the acquisition of each fee of No. 21, 22, 23, and 24 (the name of the lending person: E) was divided by the same fee as the lending person or one time loan, and thus is in a relationship of a single comprehensive crime.

On the other hand, the part on the acquisition of each fee under 19, 20, 26, 27, 28, and 29 Nos. 19, 20, 26, 27, 28, and 29 of the crime sight table constitutes a case where the facts charged are not specified because the name of the

The lower court erred by misapprehending the facts, or by misapprehending the legal doctrine, as to Article 1 of the facts charged, or by misapprehending the judgment on the number of crimes as to Article 1 of the facts charged.

B) ① The Defendant received total of KRW 2,970,00,00 from D as 1,3,4,9,10,13,15,19, 20,25, 1,000,000,000 from D, as 1,3,4,9,000

However, there was a kind of relationship with the defendant.

D It is called a fee in the event that the loan has been conducted after hearing advice on specific loans from the defendant who has experience in lending and has been interested in ordinary finance.

It is merely a delivery of money, and the defendant did not act as a broker between the loan applicant and the financial institution.

(2) The defendant was aware of his/her reputation in order to provide assistance to E that he/she became aware of through D.

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