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(영문) 서울북부지방법원 2019.02.15 2018고정1348
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around 2010, the Defendant is a person operating a mutual financial consulting company called “D” in Jongno-gu Seoul Metropolitan Government B building C.

On November 18, 2016, the Defendant: (a) entered into an agreement with G operating the Fate branch office located in Seongbuk-gu Seoul Metropolitan Government to receive a loan equivalent to 8.2 billion won in total from H Bank and I Bank as collateral; (b) it is difficult for H Bank to make a lump-sum repayment of loans from H Bank; (c) it is necessary to repay existing loans from H Bank and I Bank; and (d) to resolve provisional seizure, etc. of claims against other real estate; and (e) to obtain a loan of 8.2 billion won or more as collateral, upon request of H Bank and I Bank, the Defendant agreed to receive 1% of the amount of loans from G as consulting expenses; and (e) around that time, the Defendant entered into an agreement to receive 1.2 billion won or more from G as collateral expenses for G; and (e) around May 2017, the Defendant requested K to obtain a loan from 106.5 billion won or more from 10.6 billion won in total to G, 2016.

As a result, the Defendant promised to receive money and valuables for mediating matters belonging to the duties of officers and employees of financial companies, and demanded it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by the prosecution (including the G substitute statement);

1. Written Confirmations (Agreements on Payment of Consulting Fees) and Letter of Payment;

1. Current status of loans by financial institutions and financial transaction certificates;

1. A report on investigation (report on the results of telephone investigation conducted by a person in charge of finance business);

1. Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 2 subparagraph 1 of the same Act, which provides for the conversation with the complainant.

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