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(영문) 울산지방법원 2017.10.27 2017고합188
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of six months.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person engaged in real estate brokerage, and Defendant B is a person engaged in construction business.

Defendant

B as the situation was in which a loan was not paid to D, it was found that the loan, such as building construction cost, was about.

D In order to enable D to obtain a loan and to repay its loan as a part of the loan, Defendant A, who is well aware of the executives and employees of the Saemaul Treasury, had been able to arrange D to borrow the loan of the Saemaul Treasury for D through Defendant A, who is well aware of the loan, and on May 2016, Defendant A introduced D from the office of Defendant A located in the Ulsan-gu Seoul Metropolitan Government F building in the Seocho-gu, Busan Metropolitan City, the early May 2016, and requested D to request D to "It is difficult to allow D to obtain a loan of KRW 1.5 billion for the third floor of the commercial building located in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, to secure the loan of KRW 1.5 billion."

Accordingly, Defendant A, on the basis of Defendant B’s proposal, intended to receive KRW 100 million out of the loans from Defendant A under the pretext of loan brokerage fees, and requested H to a person in charge of the loan of the Saemaul Bank, who is the employee in charge of the loan of the Saemaul Bank. As a result, Defendant A, around June 16, 2016, obtained a loan of KRW 1.2 billion in his name from the Saemaul Treasury and received a loan of KRW 300 million when the building construction is completed in the future.

According to such loan history, Defendant A received total of KRW 100,000,000 on the same day as loan brokerage fees from Defendant D, KRW 20,000,000 around June 17, 2016, and KRW 35,000,000 around June 20, 2016, and Defendant B received KRW 100,000 from Defendant A as loan brokerage fees. Defendant B received KRW 5,00,000 from Defendant A on June 16, 2016.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to H;

1. Statement of the police statement to J 1.

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