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(영문) 서울서부지방법원 2020.03.26 2019고단4346
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

A defendant shall be punished by imprisonment for not less than five 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

1. Around January 2019, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) at the request of D to obtain a loan of KRW 15 million from C stores located in Eunpyeong-gu Seoul Metropolitan Government at the end, and promised to receive 30% of the loan from D as a fee so that it can obtain a loan from the said D.

As a result, the Defendant promised to receive money and valuables for arranging matters belonging to the duties of executive officers and employees of financial companies, etc.

2. On January 28, 2019, the Defendant told the said victim D that “a document work is required to obtain a loan, work expenses are different”.

However, in fact, the defendant thought that he received money from the victim to use it individually, and there was no intention or ability to use it as working expenses necessary for the loan.

As above, the Defendant: (a) by deceiving the victim; and (b) obtained pecuniary benefits from the victim’s mobile phone building from the victim’s mobile phone; and (c) received property equivalent to KRW 10,347,512 on five occasions from the aforementioned date to February 22, 2019, such as the list of crimes in the attached Table of Crimes.

3. Around February 22, 2019, the Defendant used computers, etc.: (a) applied the victim’s mobile phone to the “Paco” display system from the “Paco” mobile phone; (b) applied the victim’s mobile phone to the “Paco system; and (c) obtained a loan of KRW 500,000 to the Defendant’s Paco account by using the faco system without authority from the victim; and (d) transferred KRW 500,000 to the Defendant’s Paco account.

Accordingly, the defendant acquired property benefits equivalent to 500,000 won by inputting information into a computer or any other information processing device without authority.

4. The Defendant who attempted to proceed to the military court on March 5, 2019, at the request of the above victim D prior to the Eunpyeong-gu Seoul E and F Gender Party.

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