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(영문) 서울남부지방법원 2016.11.25 2016고합235
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for a term of three years, and for a fine of fifty thousand won, each.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A around April 2015, Defendant B is a person who has the right to decide on loan implementation of not more than KRW 700,000 while working as the head of the JJ branch of the Bank of Korea located in the second floor of the Gyeonggi-si, Gyeonggi-gu, the Seoul Songpa-gu L, and the third floor, who actually acquired the M Co., Ltd. (hereinafter referred to as the “N”) in Songpa-gu L and the third floor, and theO is a representative director of the N from November 14, 2014 to the present day, and P is a person who prepares and supplies false financial statements, etc. through a company preparing false tax data that is a Qtax accounting firm.

[Basic Facts] On April 30, 2015, O, K, and P submitted N’s financial statements, etc. prepared by the JJ of the above bank in a false manner to the lender, and by deceiving N’s sales of approximately KRW 5.3 billion in the year 2012, approximately KRW 8.5 billion in the year 2013, and KRW 9.8 billion in the year 2014, and by deceiving the lender as if they were the sales of approximately KRW 9.8 billion in the year 2014, and by deceiving the lender from the victim bank.

【Criminal Facts】

1. On April 2015, Defendant A knew of the fact that the aboveO, etc. intended to obtain a loan by using N, and received the loan by requesting the head of the branch office of Korea Bank to grant the loan. On April 30, 2015, Defendant A received the total amount of KRW 50 million from the aboveO in cash and check in the name of the loan brokerage fee from the Plaintiff at the center of the Korea Bank Anti-Monthly Financial Center of the Korea Bank, which is located in the 7-ro, Young-gu, Gyeonggi-si, Gyeonggi-si, Seoul Special Metropolitan City.

As a result, the Defendant received KRW 500,000 from financial companies to arrange matters related to the duties of executive officers and employees.

2. Defendant B

A. The Defendant in occupational breach of trust, as the J business branch of the Bank of Korea, will seriously examine the existence and value of the security, the purpose of the applicant’s application for the loan, and the ability to repay when dealing with the loan business as the principal of the business branch of the Bank of Korea, Inc., and examine whether the bank internal guidelines, relevant regulations, and regulations are complied with, thereby

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