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(영문) 수원지방법원 안양지원 2013.10.30 2013고단466
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than eight months.

15,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

At the end of July 201, 201, the Defendant told D to the effect that “In any time and without doing this work, it is difficult for C to prepare necessary documents because he or she would have been fluencing with a bank staff member.”

At the time, D applied for a loan to Nonghyup for the remaining payment after receiving a successful bid for the first floor commercial building of Songpa-gu Seoul Metropolitan Government by public sale and paying the down payment of KRW 486 million, but was rejected from the loan examination and the down payment will be confiscated, and the loan of other bank notes was imminent.

On August 2, 2011, the Defendant issued KRW 10 million from D to D at the coffee shop near the Sadong, Dongjak-gu Seoul Metropolitan Government, to the effect that “a loan was made after the document review, but the bank staff is not promptly able to find it, and thus, it is necessary to pay expenses to banking staff.”

On August 10, 201, the Defendant issued KRW 5 million from D to D, “In order to proceed with a loan that was prepared, it is necessary to pay more money” to D at the coffee shop near Seocho-gu Seoul, Seocho-gu, Seoul.

As a result, the Defendant received a total of KRW 15 million on the intermediation of matters belonging to the duties of officers and employees of financial companies, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

1. Imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 10(3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

1. Application of the sentencing guidelines [type] financial crimes, mediation and acceptance of funds for the duties of officers and employees of a financial institution, and an aggravated factor below 30 million won of the amount of funds received (special punishment): positive factors of [the scope of punishment by recommendation] demand (the scope of punishment by recommendation], 6 months to 1 year and 6 months (a) [general person by general penalty].

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