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(영문) 서울남부지방법원 2016.05.27 2016고합134
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

Defendant

A shall be punished by imprisonment for ten months, by imprisonment for one year and four months, and by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

1. The status of the Defendants and the persons related to the instant case is the employees in charge of finance of K Co., Ltd., Defendant B’s representative director of L Co., Ltd., the management consulting company, Defendant C’s operator who is the management consulting company, and N’s financial hub which performs business such as arranging loans.

2. Defendant A, Defendant B, and Defendant C’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) (hereinafter “O”) received a request from the P, the main owner of the O Co., Ltd. (hereinafter “O”) to raise the O’s funds from August 2013 to October 2013, and consented to the request. The Defendants made the financial institution take over the O’s new shares issued by O through connection and friendliness with the officers and employees of the financial institution, and conspired in sequence with N to receive the price from P to distribute it.

On October 2013, the Defendants conspiredd with N, and Defendant A, at the office of P on the 5th floor of Q building in Yeongdeungpo-gu Seoul Metropolitan Government, demanded P to acquire the corporate bonds (BW) which are new stocks issued by O at the Korea Exchange Bank through executives and employees of the Korea Exchange Bank,” and on November 13, 2013, the Korea Exchange Bank accepted KRW 10 billion as of November 13, 2013, the Korea Exchange Bank arranged to arrange for the Korea Exchange Bank to acquire the corporate bonds equivalent to KRW 10 billion of the O’s new stocks.

As a result, 30 million won was paid to the account in the name of R Co., Ltd., and 165 million won was paid to the account in the name of L Co., Ltd.

As a result, the Defendants conspired to receive money and valuables equivalent to KRW 495 million ( KRW 68.24 million, KRW 28.5 million, KRW 28.5 million, KRW 20 million, KRW 15.5 million, and KRW 159.5 million) regarding good offices of the officers and employees of financial companies, etc.

3. Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment by Defendant A, Defendant B, and the Defendants, as prescribed in paragraph 1 of around November 2013, the Korea Exchange Savings Bank O.

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