The meaning of "a loan by an executive or employee of a financial institution using his/her status" in the crime of lending money among the crimes provided for in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the standard for judgment thereof.

Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

Supreme Court Decision 2000Do2474 Delivered on November 28, 2000

Defendant

Defendant

Attorney Kim Sung-sung

Daegu High Court Decision 2005No182 Delivered on December 22, 2005

The appeal is dismissed.

The grounds of appeal are examined.

1. Of the crimes provided for in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the crime of lending money is established when an executive or employee of a financial institution uses his/her position to lend money. Here, the term "loan of money by taking advantage of his/her position" means the case where there is a circumstance that the act of lending money which was impossible or difficult if he/she did not have been in the position of an executive or employee of a financial institution is possible or easy compared to the general public due to the fact that the act of lending money was in the position of an executive or employee of a financial institution. Whether such circumstance exists shall be determined by determining whether the lending act in question is punishable by taking into account (see, e.g., Supreme Court Decision 200Do474, Nov. 28, 200).

Examining the records in light of the above legal principles, the court below is just in maintaining the judgment of the court of first instance which found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (private financial brokerage, etc.) as to the monetary loan of this case by considering the evidence in its reasoning, and there is no error of law such as misconception of facts against the rules of evidence or misunderstanding of legal principles as to private financial brokerage of the officers and employees of financial institutions without conducting a hearing as

2. In light of the records, it is just to affirm the judgment of the court of first instance which found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as Acceptance of Materials, etc.) of this case on the ground that the statement of the non-indicted who delivered the money of this case to the defendant was reliable, and there is no violation of the rules of evidence by failing to exhaust all necessary deliberations as argued in the Grounds for Appeal

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Si-hwan (Presiding Justice)