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(영문) 대전지방법원 2013.09.25 2013고합278
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive, request or promise any money, valuables or other benefits with respect to the arrangement of matters belonging to duties of officers and employees of financial institutions.

Nevertheless, the Defendant tried to sell a gas station operated by C, and D tried to take over the gas station in question. D listened to the opinion that there is no money, and C and D arranged a financial institution's loan and received money from C in return for the loan.

around November 16, 2012, the Defendant: (a) at the F station office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun operated by C, “A city has received KRW 900 million or loans from bank bills even when he/she is awarded a successful bid for a G hotel; (b) in Korea, he/she trusted and entrusted a large amount of loans in D future; (c) borrowed KRW 230 million from bank as security at a bank; and (d) obtained a KRW 100 million guarantee certificate from the Korea Credit Guarantee Fund for the operation of gas stations in D name; and (e) obtained a credit loan from the bank. The loan fee is KRW 26 million. First, the loan fee is paid KRW 10 million as a reward for the loan, and if the loan is refused, it will be returned.”

Therefore, the Defendant received KRW 1 million from C to the Defendant’s personal union account (Account Number H) on the same day, and received KRW 9 million from the Defendant on the 19th day of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by each prosecutor of the prosecution against D and C;

1. Application of Acts and subordinate statutes stated in the loan certificate and the president of the Korea Development Bank shall apply;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (General Provisions and Selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 10 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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