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(영문) 수원지방법원 2012.12.14 2012고합502
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

Defendant

A shall be punished by imprisonment of three years and fine of one hundred million won, by imprisonment of two years and six months, and by fine of one hundred million won.

Reasons

Punishment of the crime

Defendant

A was an employee of the F Headquarters of Mez Comprehensive Finance Co., Ltd (hereinafter “Mez Comprehensive Finance”), from May 28, 2007 to April 1, 2010, and Defendant B was an employee of the F Headquarters of Mez Comprehensive Finance from May 19, 2008 to March 20, 2010.

No executive or employee of a financial company, etc. may receive money, valuables or other benefits in connection with his/her duties.

Defendant

A around October 2009, at the fiveth floor of the Seoul Jung-gu G Building, A accepted a proposal to the effect that “I will issue bonds with warrants, and help and pay a face value fee so that Miz comprehensive financing will take over bonds with warrants,” which was known to the general public, at the fiveth floor of the G building in Jung-gu Seoul.

Since then, Defendant A, who served in the same F Headquarters, proposed that “I will pay 3% of the 11th Unguaranteed Private Equity Bonds issued on December 2, 2009 to us for the acquisition of 13 billion won by us, and I will help us take over us, she will pay 3% of the us fees, and will help us conduct her work,” and Defendant B also decided upon the conditions of her corporate analysis and acceptance with Defendant A after consenting thereto.

Since then, around December 2, 2009, the Defendants received Mez comprehensive finance and Mezz securities (affiliated company) equivalent to KRW 13 billion from Mez comprehensive finance and Mez securities issued by I. In return, the Defendants received KRW 390 million from H, which is financial hub, and divided KRW 195 million each.

As a result, Defendants conspired to receive money and valuables in connection with their duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A’s legal statement;

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Each interrogation protocol of the prosecution against H and J;

1. Each prosecutor's statement concerning K and L;

1. Each written statement of M;

1. As to the investigation reporting corporation N.

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