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(영문) 서울동부지방법원 2012.08.31 2012고합252
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

A defendant shall be punished by imprisonment for a term of five years and a fine of forty five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, from June 29, 2009 to July 16, 2010, worked as the head of the Industrial Bank of Korea D branch offices and took overall control of the said branch offices.

1. On February 2010, the Defendant received a request from F and G to issue a payment guarantee certificate to enable Pyeongtaek Ha to be supplied with oil from the International Petroleum (UP) in the Industrial Bank of Korea D Branch Office located in Gyeonggi-si, Gwangju-si, 2010.

On February 18, 2010, the Defendant arbitrarily prepared a certificate of payment guarantee in the name of the Industrial Bank of Korea D branch office of the above D branch office (certificate number: J, debtor: H, Guarantee Agency: I Petroleum (State), Guarantee Agency: KRW 1 billion) without registering it in the issuance register of the Bank’s certificate of payment guarantee certificate issued by the Bank, and then delivered F to the State in charge of I Petroleum (State).

In return for the Defendant’s payment guarantee letter for one billion won of the guaranteed amount, which issued at will and made G and F receive oil from G and F to be used, the Defendant received KRW 50 million from G and F via a new bank account (Account Number: L) in the name of the Defendant-friendly K, and KRW 100 million on March 19, 2010, respectively.

Defendant

Comprehensively taking account of the act, the Defendant, who is an officer or employee of a financial institution, was issued KRW 150 million (=50 million) with respect to his duties.

2. On March 2010, the Defendant received a request from G and F to issue a certificate of payment guarantee to “a request to issue a certificate of payment guarantee.”

On April 1, 2010, the Defendant arbitrarily prepared one copy of the certificate of payment guarantee in the name of the Bank D branch office of the above D branch office (certificate number: O, debtor: M Energy (State), Guarantee Agency: Nchemical (State), Guarantee Agency: 7 billion won) and delivered it to the State in charge of Nchemical (State).

In addition, the defendant around May 20, 2010, in the above D Branch Offices, the name of the Bank D branch offices.

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