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(영문) 대구지방법원 2013.05.10 2012고합633
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

B Imprisonment of 8 months, Defendant C shall be punished by a fine of 10,000,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. On November 2010, Defendant B was contacted by phone calls from F to the effect that the appraisal price for Gyeongcheon Kimcheon-si G was changed, and around November 23, 2010, the Defendant sent F with phone calls from F to F in order to find out whether the appraisal price of the land could be increased or not.” On the same day, Defendant B received transfer of KRW 1 million to the Defendant’s Suhyup bank account from that day until December 8, 2010, and received KRW 26.8 million in total from that day until December 8, 2010, as indicated in the attached Table of Crimes List (2).

Accordingly, the defendant received money and valuables under the pretext of soliciting the cases or affairs handled by the officers and employees of public corporations deemed as public officials.

2. At around 12:00 on January 28, 201, the Defendant borrowed an amount equivalent to KRW 1.00 billion from F to agricultural cooperatives, upon request, the Defendant: (a) borrowed the land in G as collateral; (b) requested for additional loans; and (c) introduced the T-B and the J on January 31, 201; (b) introduced the T-W and borrowed KRW 1.220,000 from the T-W to the T-W to obtain KRW 1.22 million from the T-W; and (c) received reward from the inter-unclaimed Multilock in the Jung-gu, Daegu-gu, Daegu, for such loans, KRW 19,00,00 from the T-W to the T-W and the owner of the said land.

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

Summary of Evidence

1. Each legal statement of the defendant B and C

1. Each police suspect interrogation protocol (p. 3 and 4 times);

1. Statement to J police officers;

1. Deposits into the F Korean bank account, B NA account, B NA account;

1. Application of Acts and subordinate statutes to each investigation report (related to B accounts deposited under the pretext of land appraisal, and cashier's checks issued by F to suspects B);

1. Criminal facts;

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