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(영문) 대구지방법원 서부지원 2013.10.01 2013고단582
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

20,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 2, 2008, the Defendant agreed to receive brokerage fees from the female when the head of the planning office of the above hospital obtains a loan from a financial institution E at the D Hospital Office located in the Gyeonggi-si, Gyeongsan.

When the Defendant received a loan equivalent to 5 billion won from the Samyang Savings Bank around February 25, 2008, the Defendant received 100 billion won out of 5 billion won of the above loan from E in the name of brokerage commission on the same day, and around March 14, 2008, from E to the new bank account in the name of the Defendant under the same name, and around March 20, 2008, transferred 30 million won from E to E under the same name.

As a result, the Defendant received money and valuables of KRW 200 million on the intermediation of matters belonging to the duties of executive officers and employees of financial companies.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. Statement of prosecutorial statement concerning E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;

1. Judgment on the assertion of the defendant and his defense counsel under Article 10(2) and (3) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

1. The argument that the defendant received KRW 200 million from E is acknowledged, but among them, KRW 100 million received from the defendant on February 25, 2008 after entering into a management consulting contract with D Hospital and taking office as the management director of the hospital, and repaid the loan of the Nonghyup Bank and repaid the loan of the Nonghyup Bank, and in return for dealing with the normalization of the hospital's management, the remainder of KRW 100 million received over two times after the fact that the defendant continued to assist and aid the extension of the hospital's building in E, and the above KRW 200 million was not paid as the brokerage fee for the loan.

In addition, even if some of the above money has a quid pro quo for loan intermediation, the majority of them are.

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