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(영문) 의정부지방법원 고양지원 2018.03.09 2017고단3809
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, on March 2015, around the Gyeonggi-do D Land (hereinafter referred to as “D land”) in the area of the land (hereinafter referred to as “D land”), from E, to obtain a loan of KRW 1.4 billion with D land as security, and it does not extend a loan only KRW 1.0 billion in the Jindo king.

section 3.

D Whether there is a way to allow a loan of KRW 1.4 billion with the security of the land

Upon the request of the purport that “A person in charge of new consultation is well known to the Gu”.

The Gu will allow the person in charge of the new consultation loan to receive the amount desired to be loaned.

The term "if a loan has been completed, the fee shall be 30 million won," and accordingly, the above E promised to receive KRW 30 million from the above E as a fee for arranging a person in charge of the loan of the old-ro union.

As a result, the defendant committed money and valuables to arrange matters belonging to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statement E and F in the suspect interrogation protocol against the defendant

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a copy of a bankbook, a document prepared for the preparation (No. 14), a protocol of examination of witness, and a recording book;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is limited to the demand and promise of the reduction area (from June to 1) (from June to 1] in the area of mitigation (the area of special mitigation).

2. The crime of this case committed by the executive officers and employees of a financial institution of this case is committed by impairing the social trust in the purchase of the non-performance of duties performed by the executive officers and employees of the financial institution and disturbing the financial order, and even if it did not reach the level of realistic acceptance, the claim is transferred to G.

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