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(영문) 부산고등법원 2018.01.18 2017노651

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. Various circumstances unfavorable to the defendant (the crime of this case committed by the defendant is highly likely to be subject to criticism in that the defendant used unlawful means as stated in the judgment of the court below in the course of loan execution) and various circumstances favorable to the defendant (the crime of this case committed by the defendant) in consideration of the criminal history, contents, means, methods and results of the crime, and the size of acquired profits, etc., which are significant in nature in light of the purpose of the crime, the crime of this case committed by the defendant. The crime of this case committed by the executive officers and employees of financial institutions would seriously undermine the public confidence in the fairness in the performance of duties of the executive officers and employees of financial institutions, and disrupt the sound order in the financial market. The defendant used unlawful means as stated in the judgment of the court below in the judgment of the court below. (The crime of this case committed by the defendant since the investigation agency to the trial of the defendant, which led to the confession of the crime of this case by the defendant,

In full view of all the sentencing conditions shown in the court below and the trial proceedings at the court below, including the fact that the defendant made a statement, the defendant paid 29.4 million won interest on D's loan on behalf of the defendant, deposited 20 million won in the court below for D, and the defendant deposited 20 million won for D, the defendant did not have the same criminal record as that of the defendant, and there was no criminal record of imprisonment without prison labor or any heavier punishment, etc., the defendant's assertion is not reasonable because the sentence imposed by the court below is too too unreasonable

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.