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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1293
특정경제범죄가중처벌등에관한법률위반(사금융알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has worked as the head of the deposit department, E branch office, or F branch office from January 2, 2010 to November 2015, and the executives and employees of a financial company, etc. shall not use their status to arrange a loan of money for a third party’s account, other than its own account or its affiliated financial company, for the benefit of a third party, other than its own profit or its affiliated financial company, etc.

Nevertheless, the Defendant, on January 4, 2010, lent 60 million won as interest rate of 28% to H who operates G at the said livestock cooperative (unpaid) and, from that time, used the money borrowed from the said livestock cooperative to December 19, 2013 in the name of family, workplace, Dong, branch, etc. from that time to December 19, 2013 for the Defendant’s account, using the money borrowed from the said livestock cooperative as indicated in the list of the following crimes.

As a result, the Defendant loaned money on his own account for his own interest by taking advantage of the status of employees of financial institutions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Some statements made to the I or J concerning the suspect examination protocol of each police officer;

1. Each police statement made to K and H;

1. A written accusation;

1. Violation of a notice of the results of sector inspections or prohibition of employees (private lending and borrowing, etc.);

1. The defendant asserts that the investigation report (the analysis of data submitted by the accused) [the defendant has lent money individually, and the number 1 to 5 of the crime list Nos. 6 to 8 is an individual investment in money, and it does not offer good offices by taking advantage of the status as an officer or employee of a financial institution.

The crime of lending or arranging money among the crimes provided for in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is established when an executive or employee of a financial institution lends or arranges money by taking advantage of his/her status, and this is the case of lending or arranging money by taking advantage of his/her status.

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