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(영문) 부산고등법원 2013.07.11 2013노247

특정경제범죄가중처벌등에관한법률위반(수재등)

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 punishment imposed by the court below (a punishment of six years of imprisonment, a fine of 60 million won, and an additional collection of 540 million won) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant confessions all the criminal facts of the instant case, repents his mistake, and does not have any criminal record.

However, the crime of this case is committed by a defendant who is an employee of a financial institution in relation to his duties and is likely to undermine a sound economic order by damaging the public's trust in the integrity of the officers and employees of the financial institution and the non-purchase of their duties. The amount acquired by the defendant by the crime of this case reaches KRW 540 million, a large amount of money to be used for the compensation, etc. for the investors damaged by the defendant without permission, such as D, causing considerable trouble to the recovery of the above investors' damage, the receipt amount is not returned at all, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, and family relationship, it is not recognized that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.