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(영문) 부산고등법원 2014.05.22 2014노52

배임수재

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (a prison term of one year and 50,000 won, confiscation of 200 won, additional collection of 137,680,000 won) is too unreasonable.

2. Examining the various sentencing conditions in the instant case regarding the grounds for appeal, in light of the following: (a) the Defendant was committed in violation of all the instant crimes; (b) the Defendant did not have any particular criminal force except for those sentenced to a fine of KRW 30,000 for the violation of the Establishment of Homeland Reserve Forces Act in around 1982; and (c) the social relationship is clear; and (d) the Defendant reported and paid comprehensive income tax on KRW 38680,00 from the representative L of K representative L, Co., Ltd. under paragraph (4) of the crime of the lower judgment in the lower judgment, the Defendant appears to have been aware of the “violation of his/her duty” or “illegal solicitation” in relation to this part; and (b) it appears that the degree of perception of

However, the crime of this case is not less than 147,680,00 won because the defendant continuously received money and valuables from a large number of suppliers for several years in consideration of the fact that the defendant's act of this case as a manager of the EM management team in the design part of C Co., Ltd. (hereinafter referred to as "C")'s design part of the corporation (hereinafter referred to as "C") and the defendant's act of structural corruption in receiving illegal money from a large number of suppliers using the so-called "A" position and the amount of money and valuables within the C's position and the amount of money and valuables in the first instance or in the appellate trial, and the defendant's age, character and behavior, family relationship, criminal act, etc. are committed. As a result, the investigation of this case is likely to proceed with the fact that C's officers and employees take advantage of the so-called "A" position and the amount of money and valuables within the company of C officers and employees who have been investigated and tried around the same time as the defendant, and the sentence in the first instance or appellate trial.