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(영문) 부산지방법원 동부지원 2015.10.16 2014고합138
특정경제범죄가중처벌등에관한법률위반(저축관련부당행위)
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

[criminal power] On August 17, 2010, Defendant A was sentenced to three years of the suspension of the execution of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on December 31, 2010, and the judgment was finalized on December 31, 2010, and on November 1, 2012, the Gwangju District Court sentenced two years of the suspension of the execution of imprisonment with labor for one year for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (insurance-related Unfair Act) and confirmed on July

Defendant

B On September 19, 201, the Ulsan District Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Road Traffic Act (non-licensed driving) at the Ulsan District Court on September 19, 201, and the above judgment was finalized on September 27, 201, and on October 4, 2013, the Busan District Court sentenced three years of suspension of execution to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Busan District Court on October 12, 2013.

【Criminal Facts】

1. No person carrying on savings under Defendant A or any person mediating savings shall receive money, valuables or other benefits from any executive or employee of a financial institution, regardless of the pretext thereof, such as interest determined under Acts and subordinate statutes, terms and conditions, or other corresponding financial institutions;

Nevertheless, the defendant from June 16, 2008 to the same year.

7. From April 29, 200 to May 23, 2008 to 84 members, including H, deposit a total of KRW 4,484,200,00 with an I Bank, and the same year from April 29, 200 to April 6, 2008, such as the sequence 1, 2, 50,000 among the sequence 5 in attached Table 1.

6. By the end of 30.30, a sum of KRW 162,50,000 was received from the officers and employees of the Bank through B in addition to the interest (4.5% per annum).

2. Defendant B, as described in paragraph (1), knew that the above I Bank was acting as a broker for savings and received special interest from officers and employees of the Bank, and around April 2008, Defendant B received KRW 40,000 from J as the managing director of the said Bank and operated by A (hereinafter “K”).

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