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(영문) 대구지방법원 2017.01.19 2015노3887
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, the Defendant was 5 million won as a congratulatory money for the election of directors by a policeman A on January 2014. However, as stated in the lower judgment, the Defendant did not receive five million won as a congratulatory money for the election of directors on January 2013 as stated in the lower judgment.

In addition, in the case of each gift certificate in the facts of the crime in the judgment below, the defendant received 50,000 won gift certificates from A as gift gift certificates on February 1, 2013, and there is no fact that he received 20,000 won gift certificates from A on January 15, 2013.

Therefore, there is an error of mistake in the part of the judgment of the court below against the defendant.

B. It is unfair that the sentence of the lower court’s unfair sentencing (the punishment of 6 months of imprisonment, 2 years of suspended execution, 6 million won of penalty) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant of this part of the facts charged is the person who served as the president at the I Saemaul Bank.

A tried to arrange a loan contract between the Saemaul Treasury and G.

Accordingly, at the "K cafeteria" operated by the defendant's wife located in the J of Daegu Northern-gu on December 2012, A requested B to "W to see the loan case of the G," and on December 27, 2012, the loan of KRW 916 million was implemented on December 27, 2012, A to see that "Won son son son son" in the defendant's vehicle located in the defendant's vehicle in front of the branch of the I Saemaul Undong Undong Undong-gu, Daegu-gu, Seoul, in front of the branch of the branch of the branch of the I Saemaul Undong-gu, Seoul, 2013.

“In doing so,” the Defendant sent a bag containing five million won in cash to the Defendant, and on January 15, 2013, 2000 won of merchandise coupons 50,000 won to the Defendant at the “N” coffee shop located in the Daegu Northern-gu, Daegu Northern-gu, Seoul.

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

2) The lower court found the Defendant guilty of the facts charged on the basis of each of the evidence in its holding.

B) The following facts and evidence duly admitted and examined by the court below and the court below.

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