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(영문) 서울중앙지방법원 2017.07.06 2016고합1031
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

Defendant

B Imprisonment with prison labor for three years and for two years, each of the defendants A.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

B is the representative director of the “E” corporation E (hereinafter referred to as “E”) located in Songpa-gu Seoul Metropolitan Government D building 401, and the Defendant A is the representative of the loan intermediary, “G” located on the second floor of Seocho-gu Seoul Metropolitan Government F building.

"2016 Gohap 1031"

1. Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) filed an application for a loan with NA to develop and sell a site for electric source housing after purchasing I and 13 parcels of land at Sejong City. However, even during the purchase of the above land, the Defendant knew of the situation that it was impossible to obtain a loan to the extent that the loan could not be fully paid for the gold and balance during the purchase of the above land, and, together with J (A), requested the head of M&, who is an officer or employee of the L Savings Bank, to arrange the loan to H by requesting the head of M&, who is an officer or employee of the L Savings Bank, and divided it with J.

On July 25, 2014, the Defendant, in collusion with J, arranged to obtain a loan of KRW 1,900,000 from “L Savings Bank” from “L Savings Bank” and received KRW 242,790,000 from H as a fee for loan intermediation on the same day.

Accordingly, the defendant, in collusion with J, received money and valuables for arranging matters belonging to the duties of officers and employees of financial institutions.

2. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) with knowledge of the fact that Defendant A arranged matters falling under the duties of executives and employees of financial institutions and received money and valuables, the Defendant introduced H around June 2014, which wishes to borrow financial rights, to B, and when H obtained a loan on July 25, 2014, the charges charged of KRW 14,505,000 from B under the name of the fee amounting to KRW 15,00,000, but it appears to have been collected as a source of tax, are excluded.

The delivery was received from Eul and H 19,340,000 won.

As a result, the defendant receives money and valuables on the intermediation of matters belonging to the officers and employees of financial institutions B.

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