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(영문) 대구지방법원 2016.08.18 2016고단2349
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

Defendant

A Imprisonment with prison labor of one year and a fine of 120,000,000 won, and Defendant B shall be punished by imprisonment with prison labor of six months.

Defendant

A above.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to the suspension of the execution of six months in the Daegu District Court's Branch on August 14, 2014 for a violation of the Saemaul Fund Act. On August 13, 2014, Defendant A appealed to the Daegu District Court after being sentenced to three years of imprisonment and fine of thirty million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes. On November 27, 2014, Defendant A was sentenced to the suspension of the execution of three years of imprisonment and fine of thirty million won in the Daegu High Court on November 27, 2014, and the judgment became final and conclusive on December 5 of the same year.

Defendant

B On September 26, 2013, the Daegu District Court sentenced the suspension of execution to one year and eight months of imprisonment for fraud, which became final and conclusive on August 25, 2014.

[2] Defendant A, from February 2012 to September 2013, 2013, took charge of loan practice as a G lending staff member of the Daegu Seo-gu Seoul Metropolitan Government. Defendant B, as a real estate developer, took charge of the H commercial building rental business in the Daegu Seo-gu, Daegu, and I apartment reconstruction business and J remodeling business.

1. No executive or employee of a defendant A financial institution shall give or receive any money, valuables or other benefits in connection with his/her duties;

A. On May 2, 2013, the Defendant received KRW 20 million from the first patrolman on May 2, 2013: (a) executed a loan of KRW 4.184 million in the name of K, L, and M Co., Ltd., which is actually operated by the real estate development business entity B; and (b) received KRW 20 million in cash from B in the studs of “O” located in the YY-gu N in the same month.

Accordingly, the defendant received money and valuables in relation to his duties as an officer or employee of financial institution.

B. On July 1, 2013, the Defendant received KRW 20 million from the Seocho-gu (Seoul) on July 2013, 2013, upon receipt of a request from the borrower P to obtain loans from G for the land and buildings located in Daegu Suwon-gu Q, as security, from the borrower P. On August 1, 2013, the Defendant was transferred KRW 17 million to the Saemaul Savings Depository (R) account of the Defendant on August 1, 2013, and then transferred KRW 17 million to the Daegu-gu or lower land around that time.

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