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(영문) 수원지방법원 2018.12.14 2018고합274
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

Defendant

A Imprisonment for a period of two years and six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[2018 Gohap 274] Defendant A introduced Defendant A as “F branch director” to the executive director E at the D office of the company located in Ansan-si, a member C at the end of June, 2015, as “F branch director” at the D office of the said company. Defendant A may arrange funds to E as desired by the company, if the company needs funds.

It will be promoted once through a large number of people who are known to the bank.

Around July 14, 2015, a business contract was prepared to provide that “if a loan from a bank account is made for less than 5.5%, the fee shall be changed when the loan is carried out later,” and that “if a loan from a bank account is made for less than 5.5%, the fee shall be paid to the defendant as the difference between the above 5.5% and the actual loan interest rate.”

Defendant A continued to find out “G bank loans from H bank” to E on March 2016.

The purpose of " was known to the effect that it was " and thus introduced the above bank loan managers to E.

After that, Defendant A received a loan of KRW 1.2 billion from H bank around May 27, 2016, Defendant A received KRW 20,251,000 [including additional tax 1,841,00 won, short-term loans 50,000 won x (5.5% - interest rate 3.26%) long-term loans x loan brokerage commission rate (5.5%) x loan brokerage commission rate (4.47%)] from Defendant A in terms of loan brokerage commission fees on June 2, 2016.

Defendant A continued to obtain a loan of USD 3 million from G bank around June 8, 2016 (Korean Won 3,489,60,000). Defendant A received a deposit of KRW 89,82,304 (including surtax 8,165,64 won, borrowings 3,489,60,000 x loan brokerage commission rate (5.5%) from E in terms of loan brokerage commission around June 10, 2016.

In addition, Defendant A, from September 1, 2015 to January 2, 2018, extended to eight times, such as the list of crimes in attached Form A.

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