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(영문) 부산지방법원 2013.04.12 2013고합25
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for six 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 is clearly stated in C’s indictment that it is a clerical error of “C”, although it is indicated in C’s indictment.

(No. 10, 17, 47 of the Evidence Records) A person who provides management and financial consulting services to enterprises, etc. while operating a personal company.

1. Mediation and acceptance for E;

A. On November 8, 2011, the Defendant: (a) received the request from the Seocho-gu Busan Metropolitan Government F to arrange for a loan by 90% of the purchase price of the land for a site to be purchased as security; and (b) received KRW 10 million from E by means of a cashier’s check around November 8, 2011.

B. On November 21, 201, the Defendant entered into a consulting service contract with E at the above “F office” office, and was transferred KRW 2 million on November 24, 201 under the name of the Defendant to the account in the name of the Defendant for the purpose of proceeding the loan at a low interest rate of 3% using policy funds, etc. of the Small and Medium Business Corporation.

As a result, the Defendant received total of KRW 12 million from E to arrange matters pertaining to the duties of executive officers and employees of financial companies.

2. On December 201, the Defendant: (a) received a request from G operating Gangseo-gu Busan Metropolitan Government H to arrange a loan of KRW 1 billion with the purchase price of a factory; (b) concluded a consulting contract with G on December 29, 201 with G at the above H’ office on December 29, 2011; (c) arranged the loan to arrange the loan of KRW 900,000,000,000 out of the purchase price of the factory; (d) agreed to receive KRW 1.5% of the loan as the loan fee; and (e) received KRW 2.5 million as the contract deposit on the same day; and (e) received KRW 7.5 million from January 17, 2012, and KRW 1 million from January 30, 2012 to the account under the name of each Defendant.

As a result, the Defendant received total of KRW 11 million from G to arrange matters pertaining to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. The defendant's legal statement 1.

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