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A defendant shall be punished by imprisonment for six 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
[criminal record] On June 17, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) at the Seoul Southern District Court, and the above judgment was finalized on June 25, 2016
[2] No person shall receive, demand, or promise money, valuables, or other benefits, or request or promise to offer money, valuables, or other benefits to a third party with respect to the referral of matters belonging to the duties of an executive or employee of a financial company, etc.
On September 2013, the Defendant: (a) received a request from a F mutual savings bank to offer a loan to the F.C., the representative director of D (hereinafter “D”) as security; and (b) received a request from the F.C., the representative director of D (hereinafter “D”) to demand a loan from the F.C., the Defendant would have the F.C., the representative of G and H.
The commitment was undertaken.
On September 4, 2013, the Defendant received documents related to loans from E and delivered them to the F mutual savings bank side, and requested several times to obtain loans from E, thereby allowing E to obtain loans from G and H, and allowing E to obtain loans of KRW 599,925,00 as security, and around that time, the Defendant received KRW 10 million from E in the D office located in Gangnam-gu I and the seventh floor in Seoul, under the pretext of the case of loan mediation.
As a result, the Defendant received money and valuables for arranging matters belonging to the duties of executive officers and employees of financial companies.
Summary of Evidence
1. Statement by the defendant in court;
1. Partial statement of witness E;
1. Some statements concerning E among copies of the protocol of interrogation of suspect to the prosecution (a list of evidence Nos. 7, 15);
1. All the E-loan data replyed by the F mutual savings bank;
1. Previous convictions: Inquiries of residents and inquiries about criminal history, and the application of the text of the Acts and subordinate statutes of the Seoul Southern District Court Decision 2016 Ma137;
1. Relevant provisions of the Act concerning facts constituting an offense;