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(영문) 서울서부지방법원 2014.09.19 2013고단3351
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendants shall be punished by imprisonment for six months.

Defendant

A KRW 18 million from A, and KRW 12 million from Defendant B, respectively.

Reasons

Punishment of the crime

Defendant

A on November 1, 2012, the Seoul Western District Court sentenced two years of suspension of the execution to eight months of imprisonment for fraud at the Seoul Western District Court on November 9, 2012, and the above judgment was finalized on November 9, 2012. On December 30, 2009, Defendant B was sentenced to two years of suspension of the execution to four months of imprisonment for fraud at the Seoul Northern District Court on December 30, 2009, and the above judgment became final and conclusive on June 22, 2010.

Defendant

A heard the phrase “A” from F, a financial institution’s broker broker, “A is a person in any column that newly constructs a loan, which requires a financial institution’s guarantee of payment of KRW 1 billion,” and introduced Defendant B to F, stating “B is well aware of the Jeju Bank H.”.

Before the foregoing horses from F, G made a solicitation to the effect that “F would allow Defendant B to obtain a payment guarantee certificate through H of the Japanese Bank.”

Defendant

B on October 26, 2008, J hotel underground studs in Seodaemun-gu Seoul, Seo-gu, Seoul, introduced Jeju bank H to F with a well-known knowledge of his deliberation. On the other hand, the Defendants stated that “F would obtain a payment guarantee certificate of KRW 1 billion through Ha of the Japanese bank H, the Defendants need to pay KRW 30 million with the cost of street funds.”

Defendant

A around October 27, 2008, through F, the words “it is necessary to pay off the street funds for the issuance of certificates of payment guarantee” that all the referreds, through F, remitted from G to its own account, KRW 30 million, and Defendant B was remitted from Defendant A the amount of KRW 18 million out of the total amount of KRW 30 million.

As a result, the Defendants conspired to receive money and valuables for arranging matters belonging to the duties of officers and employees of financial institutions.

Summary of Evidence

1. Statement of the defendant A in the first trial record;

1. A legal statement of a witness;

1. Statement of witness F and A in the second protocol of the trial;

1. The police statement concerning G;

1. Before judgment: Application of Acts and subordinate statutes to Defendant B’s legal statement, each criminal record, and the results of confirmation of his previous disposition;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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