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(영문) 의정부지방법원 2018.11.12 2018노898
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the sentence sentenced by the court below (2 years of suspended sentence in 10 months of imprisonment) is too unreasonable.

2. It is recognized that there is no record of punishment, other than those subject to punishment twice in 197 and around 1999, etc., that the Defendant recognized his mistake and against himself, that it appears that the Defendant did not make an illegal loan upon the arrangement of the Defendant, and that there was no record of punishment.

However, the crime of this case is that the defendant would have a loan of KRW 1.4 billion to E through a person in charge of loans he knows well.

At the same time, the Defendant was promised to receive KRW 30 million in return. This is an offense that damages the social trust in the purchase of the non-performance of duties performed by the officers and employees of financial institutions and disturbs the financial order. Although the Defendant did not actually receive KRW 30 million from E, the Defendant filed a lawsuit claiming the payment of the acquisition amount against E by transferring the above KRW 30 million to G, the Defendant’s claim against E was not actually received from E, and the Defendant’s claim for the payment of the acquisition amount was not filed. In addition, there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and the Defendant’s age, sex, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime was committed, and it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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