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(영문) 제주지방법원 2014.08.28 2014고합40
특정경제범죄가중처벌등에관한법률위반(사금융알선등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the fisheries cooperative D branch at Jeju.

On February 26, 2012, the Defendant borrowed 30 million won to F Co., Ltd. from the D Branch Offices of Fisheries Cooperatives, Jeju-si, Jeju-si, Jeju-si, to receive interest of KRW 2 million from the D Branch Offices of Fisheries Cooperatives to the F Co., Ltd. on 10 days.

Accordingly, the defendant loaned money to the defendant's account by taking advantage of the position of the head of the fisheries cooperative branch office.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each prosecutor's statement concerning G and H;

1. Application of Acts and subordinate statutes, such as personal financial transactions;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Determination as to whether the defendant used the status of an officer or employee of a financial institution under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. In order to establish the crime of lending money among the crimes provided for in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, it is a requirement that an executive or employee of a financial institution used his/her position to lend money.

means a case where there are circumstances in which the act of lending money which was impossible or difficult if it had not been in the position of an officer or employee of a financial institution was made possible or easier compared to the general public due to the fact that the said act was in the position of an officer or employee of a financial institution. Whether such circumstances exist or not shall be the person who wishes to borrow or borrow money easily from the funds deposited or to be deposited in the financial institution to which the officer or employee belongs, and the person who wishes to borrow or borrow money.

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