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(영문) 부산고등법원 2015.06.18 2015노123

배임수재

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the various sentencing conditions of this case (the collection of 10 months, 114,000,000 won) that the court below sentenced in the light of the sentencing conditions of this case is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the following: (a) the Defendant led to the confession of all the instant crimes and reflects the depth thereof; (b) the Defendant appears not to have demanded the money first; and (c) the receipt of a request for promotion, etc. from the surrounding persons, which led to the commission of promotion, etc.; (c) the amount received from E, F, and G was returned to the interested parties; and (d) only KRW 40 million, out of KRW 60 million received from K, was returned before the commencement of the investigation; and (c) each crime of taking property in breach of trust under Articles 1, 2, and 3 of the judgment, should be considered at the same time with the case where the judgment was rendered.

However, the crime of this case was committed by the defendant as the head of the working group belonging to Busan Port Trade Union D, by taking advantage of the status that the defendant can exercise the power to recommend the management of union members, new union members, and promotion of the head of the team and the head of the group and the head of the group from April 2008 to December 2013, and received total of KRW 114 million in return for illegal solicitation, such as promotion of the head of the group and the head of the group and the head of the group from April 2008 to December 2, 2013. There have been many cases where the executive officers and the head of the union were subject to criminal punishment for the employment of the Busan Port Trade Union for the employment of the head of the group and the head of the group and the head of the group. In particular, even though the defendant was sentenced to a suspended sentence for a similar criminal act in around 2010, the defendant did not seem to have a high possibility of criticism, and social side effects caused by the employment and personnel corruption of the Busan Port Trade Union for several years.