특정경제범죄가중처벌등에관한법률위반(수재등)
[Defendant A] The part of the lower judgment against Defendant A is reversed.
Defendant
A shall be punished by imprisonment for four months and a fine for 10,000.
1. Summary of grounds for appeal;
A. The Defendants’ respective sentences (the suspended sentence of two years, five million won, five million won, five million won, five million won, one of the first crimes, and two of the crimes as indicated in the holding of each court below in the judgment of the court below, and three million won, and five million won, with respect to the second crimes, with respect to the above imprisonment, the suspended sentence of execution for two years, the community service order for the above imprisonment, the 80 hours, and the Defendant C: the fine of five million won) are too unreasonable.
B. The lower court’s sentence imposed on the Defendants is too unfortunate and unreasonable.
2. We examine ex officio the judgment on the part concerning Defendant A prior to the judgment on the grounds for each appeal against Defendant A and the Prosecutor A.
Article 5 (5) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "the Aggravated Punishment Act") provides that "a fine of not less than two times but not more than five times the amount received shall be imposed concurrently in the case of paragraphs (1) through (4)." The court below acknowledged that Defendant A committed a crime under Article 5 (1) of the Aggravated Punishment Act, but omitted the concurrent imposition of fines under Article 5 (5) of the A of the A Specific Economic Crimes Act. The part of the judgment of the court below against Defendant A is erroneous by misapprehending the legal principles under Article 5 (5)
3. We also examine the above Defendants’ and prosecutor’s respective arguments on unfair sentencing regarding Defendant B and C’s assertion on unfair sentencing.
A. The court below held that Defendant B’s financial institution’s payment of the amount of the money that Defendant B provided to A, an executive officer or employee, constitutes five million won, and the amount of the money that he took out from the victim reaches KRW 10 million, and Defendant B committed the crime of attempted joint conflict during the repeated crime period. However, the victim’s withdrawal of the complaint against Defendant B, Defendant B and C threatened the victim, and the contents of the intimidation are the victim’s attempted crime.