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(영문) 대구지방법원 2016.08.25 2015노3987
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is merely giving L, etc. advice to enable L, etc. to purchase the instant site according to legitimate procedures, and even if the Defendant received money as stated in the judgment below, it cannot be said that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment of Specific Economic Crimes) is

2. Determination

A. The summary of the facts charged in the instant case L is to acquire the instant site by public auction to the Defendant, who was from the Solomon Savings Bank, in the coffee shop located in the Seocho-gu Seoul (Seoul) in the early November 2012, and to the Defendant, who was from the Solomon Savings Bank.

On this site, the Bank of Large Savings, SC Savings Bank, Private Savings Bank, and Bable Savings Bank, etc. have claims, and upon the request of the relevant bank to the effect that the agreement on the public sale procedure of this site is changed with the consent of the public sale procedure of this site, and the defendant is able to find it into the relevant Savings Bank because he/she worked in the domestic savings bank.

The purpose of “the necessary expenses” was to request money, such as related expenses.

Therefore, the Defendant managed by the Defendant, in terms of related expenses from L, KRW 5 million on November 15, 2012, KRW 10 million on December 3, 2012, KRW 400,000,000 on January 4, 2013, and KRW 11 million on January 7, 2013.

M was remitted to the foreign exchange bank account in the name of M.

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.

B. The lower court also asserted that the Defendant was almost identical to the above argument, and the lower court rejected the Defendant’s assertion on the detailed reasons from No. 4 of the lower judgment’s 16 to No. 5 and No. 6 of the 5th 6.

(c)

The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the original judgment and the court of the first instance, i.e., the name of N which L manages upon request by L to allow L to sell the instant site to savings banks, etc.

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