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(영문) 부산고등법원 2017.07.13 2017노81
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding or legal principles, the Defendant introduced the FF Credit Cooperative (hereinafter “FF Union”) to G, and there was no act of arranging or participating in the FF-related lending business, or requesting the FF-related cooperation to facilitate lending through D, and the fact that the Defendant received KRW 50 million from G is no longer sufficient, the lower court, in collusion with D, received KRW 50 million from G with regard to the good offices of the FF-related lending business.

Upon concluding that the facts charged in this case were guilty, the court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment (as the defendant's defense counsel asserted that D was not a new consultation employee at the time the intermediate payment as stated in the facts charged in the judgment of the court below was granted through a statement explaining the reasons for appeal submitted after the lapse of the time limit for filing the appeal, and that the defendant did not have any means to propose G to offer a false and multiple bilateral recruitments, it should be seen to the extent of supplementing the reasons for appeal). (b) The sentence (one year, etc. of imprisonment) sentenced by the court below against the sentencing unfair is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and on the basis of the legal principles as indicated in the judgment and the circumstances acknowledged by the evidence as indicated in the judgment, the lower court determined that the Defendant conspired with D to accept KRW 50 million as to the referral of loan business belonging to the duties of officers and employees for whom the F new consultation was made and employees was entered in the lower judgment.

The following additional circumstances are set forth in the legal principles set forth in the judgment of the court below and the various circumstances set forth in the judgment of the court below, i.e., D regularly find employment in FFF.

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