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(영문) 제주지방법원 2015.11.19 2015고합60
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No financial company, etc. shall demand or promise to allow another person who has received, demanded or promised any money, valuables or other benefits or to deliver them to any third person with respect to an arrangement of matters belonging to duties of executives and employees of financial companies, etc.

1. Around January 201, the Defendant borrowed KRW 1 billion in Jeju YF 1 billion from Da located in Jeju-si, “G construction works” in Seopo-si, Seopo-si, F, with a loan of KRW 1 billion from the bank in Seopo-si, and received KRW 100 million at the face-to-face F, and divided half of the loans from the bank. The Defendant currently holds shares in G, and is currently unable to receive money equivalent to the shares that have been suspended, so if the construction is completed, he/she is able to obtain the loan, and he/she is able to obtain the money corresponding to the shares that have been suspended, and then, he/she was able to obtain the statement that “F will make a loan of KRW 100 million from F,” and thereafter, he/she requested the credit division H of Jeju Y, who was aware of his/her duties as a certified judicial scrivener, to explain the above construction site.

Therefore, on April 5, 2011, the Defendant prepared loan-related documents at the IYF head office of the Jeju YF and submitted them to the YF, and on April 12, 201, the Defendant allowed F to obtain a loan of KRW 1 billion from the above YF, and on the same day, received KRW 35 million from the F.

2. Around July 2011, the Defendant continued to borrow a loan of KRW 2.1 billion at the J branch of the Daegu Saemaul Bank of Korea, and the Defendant was unable to undertake construction works due to the shortage of capital while doing construction works for “G” in the Western City.

A building to be loaned may be completed.

Since provisional seizure, etc. established on a building should be terminated, it is possible to find out the place where additional loans can be granted.

In order to continue construction, 2.5 billion won shall be loaned to 19 households of the above G building as security.

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