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(영문) 광주지방법원 2016.05.10 2016노767
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the other hand, the defendant asserts that the defendant is too unafford and unfair, while the prosecutor filed each appeal by asserting that it is too unafford and unfair, against the punishment of the court below (a 10-month imprisonment, an additional collection of 35 million won).

2. The Defendant’s crime is a very serious crime in that it disturbs the transparency of financial order and damages the sound order in the financial market as well as the trust of the general public in the fairness of the duties of financial institutions. The Defendant arranged for a loan, with a loan of KRW 730 million exceeding the exchange value of a security in the name of E and J, causing actual damages to financial institutions. The amount paid by the Defendant in return for the loan is 45 million won.

On the other hand, the defendant made a statement in the investigative agency as to the person involved in loan brokerage and cooperate in the investigation, and paid a considerable amount of KRW 45 million to them, and the amount actually acquired by the defendant due to the crime of this case is not so much.

In addition, the defendant has no record of being punished for the same crime.

In addition, comprehensively taking account of the records of this case, such as the Defendant’s age, sex, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the lower court’s punishment is appropriate.

Therefore, when considering such factors, it is difficult to accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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