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(영문) 수원지방법원 2020.04.17 2019고합647
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall receive, request, or promise money, valuables, or other benefits with respect to intermediation of matters that belong to the duties of an executive or employee of a financial company, etc.

Nevertheless, around January 14, 2019, the Defendant was aware of the connection with financial rights, such as domestic bank branch offices, and in contact with the F, obtained a loan of KRW 3.5 billion from the financial institution as security on the land of 8, e.g., Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-gu, Seoul-do, one hundred million won in return for the introduction of such payment, and five million won in advance from the F, with the consent of the F, and was transferred from the said date to the I bank account under the name of H of the Defendant on the same day.

Therefore, the Defendant demanded and accepted money and valuables to arrange matters belonging to the duties of executive officers and employees of financial companies, etc. as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused (including F substitute part);

1. The police statement concerning F;

1. A complaint and a written agreement of business;

1. Application of Acts and subordinate statutes to each investigation report (the calculation of an additional collection charge to recover currency and criminal proceeds with a reference witness);

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 10 (3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommending punishment according to the sentencing guidelines (a decision of type) and financial crimes;

(c) duties of officers and employees of financial institutions;

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