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(영문) 서울고등법원 2015.11.27 2015노1948

뇌물수수등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment with labor for a period of one year and six months, a fine of two million won, and an additional collection of KRW 91,405,501) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes and is in violation of depth; (b) the Defendant was merely in the position of an E officer who is deemed a public official in bribery (hereinafter “Corporation”); and (c) it is difficult to deem the Defendant as the president of the Corporation that he had engaged in unjust disposal in relation to G operated by H; (d) the Defendant did not have any history of criminal punishment; and (e) the Defendant appears to have faithfully worked as an employee of the Corporation for the period of thirty (30) years, and thus,

However, the crime of this case is that the defendant received a bribe from H, the president of an enterprise having business relationship in the position of the president of the Corporation, and received money and valuables in various forms from H, which intends to use the defendant's influence on the employees of the Corporation after retirement. The total amount of money and valuables provided by the defendant exceeds KRW 90 million,00,000,000,000,000,000,000,000,000,000 trust export insurance and export credit guarantee provided by the Corporation, and purchases export price claims as collateral. In order to maintain the reliability and soundness of such trade finance system, the

Even if the Defendant’s crime itself causes damage to the trust in society on the fairness and influence in handling business affairs of E, and the Defendant was arranged to ensure that the president of H and incumbent vice president can reach a full time according to the H’s request that the Defendant intends to increase the insurance limit.

In addition, the records, such as the age, character and conduct, the environment, the motive and circumstances leading to the defendant to commit the crime of this case, and the circumstances after the crime.