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(영문) 서울서부지방법원 2013.04.25 2012고합542
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than eight months.

10,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 2012, 2012, the Defendant received the request from D, which was known through the introduction of Scomman C, to request F to get a loan as collateral, and requested F, one of his private village residents, to receive money and valuables in return for mediating a loan by using the fact that F, which he works as the regular business of HFF in Chuncheon City, as the regular business of HF located in G, Chuncheon-si, and demanded the victim through the above C to change the amount of the loan by 2% as the fee.

On March 13, 2012, the Defendant called “A” to the said C by telephone at an infinite place, stating that “Infinite, a loan of KRW 1 billion shall be made and immediately a loan of KRW 1 billion shall be granted to all members, which shall be given to them.” On March 14, 2012, the Defendant received cash of KRW 10 million from the victim in return for the said loan arrangement from the HF AF parking lot located in Chuncheon-si.

As a result, the Defendant received money and valuables for arranging matters pertaining to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, I, C, and J;

1. Each investigation report (attached a detailed statement of withdrawal from the I, a deposit certificate deposited to the complainant, and a statement hearing report by the F phone);

1. Application of the Acts and subordinate statutes concerning the reception of letters between A and K;

1. Relevant Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Selection of Punishment;

2. Determination on the assertion of the accused and the defense counsel under Article 10 (3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

1. Although the Defendant and the defense counsel asked F to grant a loan, the Defendant did not receive any money or valuables from D in relation thereto.

2. The following facts can be acknowledged according to each of the evidence mentioned above in the circumstances of the instant case.

D When L obtained a loan from HF through L, but it was not softened, the defendant was the defendant from C who was aware of it around March 2012.

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