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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant received 5 million won from D as appraisal commission fees, and it is not received as a broker in connection with the duties of executive officers and employees of financial institutions, and there is no conspiracy with C to commit a crime, and since the duties of executive officers and employees of financial companies as stated in the facts charged are not specified specifically, the court below found the defendant guilty of not guilty of the facts charged in this case or of not guilty because there is no proof of a crime.
In addition, even if it is found guilty, the sentencing of the court below (2 million won of fine) is too unreasonable.
2. On October 6, 2012, the victim D made a statement to the effect that on the part of the Defendant and C introduced from the Defendant and C, the Defendant issued a guarantee upon request from the children of the Credit Guarantee Fund, and that C would have a loan of at least KRW 2.1 billion through an employee who is well aware of in Busan’s bank, and subsequently, transferred the loan amount of KRW 5 million to the Defendant upon request from the Defendant to transfer the amount of KRW 5 million as soon as possible in connection with the loan process.
In full view of the following circumstances acknowledged by the court below and the evidence duly admitted and examined by the court below, the victim's above statement can be sufficiently reliable. Thus, it can be acknowledged that the defendant conspired with C to receive five million won from the victim under the pretext of mediation of matters belonging to the duties of executive officers and employees of the Credit Guarantee Fund and the Bank.
If a financial institution receives any money or valuables under the pretext of arranging matters falling under the duties of its officers or employees, such financial institution or its officers or employees not specified.
Even if it falls under Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Supreme Court Decision 87Do2353 delivered on November 22, 198, etc.), who is an officer or employee of the Korea Credit Guarantee Fund or a bank in Busan.