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(영문) 대구지방법원 2015.07.09 2015고정671
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, in collusion with F (Death April 6, 2014) that came to know by receiving additional loans from financial institutions as collateral by receiving 19 parcels of real estate, etc. located in D, Kimcheon-si, Kimcheon-si (hereinafter “instant real estate”) owned by C (hereinafter “the instant real estate”), intended to arrange a loan, arrange a loan, and receive money and valuables in return.

On January 2012, the Defendant received a loan from C as collateral and demanded money and valuables to the effect that “the necessary expenses, such as preparation of business plans, appraisal fees, etc., are needed to implement the loan”.

Accordingly, C transferred each of the KRW 17.5 million over four occasions, including the Daegu Bank Account (G) used by the Defendant, KRW 1.5 million on January 14, 2012, KRW 1.0 million on February 2, 2012, KRW 10 million on February 6, 2012, KRW 5 million on February 14, 2012, and KRW 17.5 million on February 14, 2012.

Afterwards, the Defendant remitted 11 million won out of the money received from the above C as a loan intermediary expense to the above F.

As a result, the Defendant conspired with F and received KRW 17.5 million in total from C in order to arrange the loan of the instant real estate, which is a matter belonging to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect C;

1. Statement of each police statement of the defendant;

1. Copies of each police statement made to D, H and I;

1. Each specification of transactions;

1. Application of the Acts and subordinate statutes of the agreement;

1. Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 30 of the Criminal Act shall apply to the relevant criminal facts and the choice of punishment;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of 10,110,00 won which the defendant remitted to F under Articles 10(3) and 10(2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is planned to be delivered to F under the name of the original defendant and F as a broker for a loan. Thus, it is deducted from 17,50,000 won which the defendant received, and the amount of the additional collection against the defendant

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