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(영문) 서울중앙지방법원 2017.08.31 2016고합24
특정경제범죄가중처벌등에관한법률위반(공갈)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 2009, the Defendant acquired a domestic representative food manufacturing chain E company for the purpose of manufacturing and processing metal-type and metal machinery and tools, and planned to borrow money from all management of E company and F Savings Bank-related persons, a bank bank of E company.

1. At the beginning of December 2009 and around January 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (public conflicts) was employed by H, the representative director of the F Savings Bank located in Gangnam-gu Seoul Metropolitan Government, for the purpose of using the F Savings Bank’s deposit amounting to KRW 4.5 billion for the unlawful repayment of I’s loan to H, the victim F Savings Bank’s representative director.

In addition, it is also known that J has extended additional 10 billion won to illegal loans.

The inside of the Republic of Korea referred to as “a complaint will be filed with the prosecution or to file a complaint in whole with the Chief of the Geumwon,” and then “a loan of KRW 2.5 billion from the modern Switzerland Savings Bank is required to the effect that “if the inside of the Republic of Korea is being transferred to this or if it is not possible to do so, it would cause the loan to be incurred”. If the defendant refuses his request, the Financial Supervisory Service reported or accused the investigative agency, etc., and the H threatened him.

However, around that time, the Victim F Savings Bank was in serious capital erosion due to accumulation of unfair loans due to poor operation, and was in the state of loss of normal business ability by mobilization of abnormal methods, such as external corporate financing, and maintaining the bank. Therefore, it was difficult for the Defendant to comply with the above demand for loans.

Nevertheless, the defendant is subject to the Financial Supervisory Service's report, and the suspension of business or the cancellation of the license for the victim F Savings Bank is subject to the suspension of business and the bank actually closes its door.

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