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(영문) 의정부지방법원 2019.01.08 2018노1733
특정경제범죄가중처벌등에관한법률위반(사금융알선등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since each of the instant loan agreements was based on the private relationship between G and E, and investment of F, the Defendant, who is a form of a bank source, the Defendant did not arrange each of the instant loan agreements by taking advantage of his status as a bank source.

B. The Prosecutor’s sentence of the lower court (eight months of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. Determination

A. The court below's decision 1) found Defendant's assertion on the following grounds: (a) The court below found Defendant guilty of the facts charged in this case on the grounds of detailed circumstances as stated in its holding; (b) 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 is established by a financial institution's officer or employee taking advantage of his/her position and lending money; and (c) here "loan of money by taking advantage of his/her position" means a case where circumstances exist that make it possible or easier for Defendant to lend money which would have been impossible or difficult if he/she had not been in the position of an officer or employee of a financial institution to take advantage of the status of an employee or employee of a financial institution; and (d) whether such circumstances exist shall be determined by the court below's decision, taking into account the following factors: (a) whether an employee or employee was easily prepared by taking out or using the lending money from funds to which he/she belongs; (b) whether there was assistance from transaction with its customer; and (c) whether there was other tangible and intangible information about its customer.

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