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(영문) 대구지방법원 경주지원 2019.01.10 2018고단721
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around June 2017, after receiving a request from C to the effect that “The F Bank established a collateral security right and received a loan of KRW 1.7 billion from the F Bank for E-Selel located in P, which is owned by the domestic corporation, the Defendant B, the chief secretary of G certified judicial scrivener at P, who is the head of G, located in P, was introduced to C, upon receiving a request from C to the effect that there is no way to obtain an additional loan as security.”

Defendant

B suggested through Defendant A to the effect that “A will find out a loan through HF I Branch J, etc., and thus, if a loan becomes a sex, the fee is different.” The Defendant also demanded C to change the fee for his/her own share, and promised C to receive KRW 25 million in total as a case for loan brokerage.

Defendant

B around June 28, 2017, when C obtained a refund loan of KRW 2,100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

As a result, the Defendants received money and valuables on the intermediation of matters belonging to the duties of officers and employees of financial companies.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of each police statement of C and M;

1. A detailed statement of passbook transactions;

1. Application of Acts and subordinate statutes on credit transaction;

1. Relevant Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 30 of the Criminal Act to the Defendants who choose to commit the crime;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Article 62-2 of the Criminal Act

1. The Defendants: The instant crime for sentencing under Article 10(3) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is conducted by the officers and employees of financial institutions.

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