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(영문) 서울고등법원 2015.08.28 2015노1348

특정경제범죄가중처벌등에관한법률위반(수재등)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The sentence of unfair sentencing (the imprisonment of two years and six months, the suspended sentence of four years, the fine of 30 million won, the additional collection of 5,1560, the defendant B, and C: each of the imprisonment of eight months, the suspended sentence of two years and six months, the suspended sentence of 30 million won, the additional collection of 5,1560,

2. Determination

A. Defendant A appears to have committed each of the crimes of this case, and the Defendant returned 16,30,000 won in total, in excess of the amount received under the pretext of paying overdue interests, etc. Defendant B appears to have returned some of the money to Defendant B. The Defendant appears to have served in good faith in G Saemaul Fund, such as receiving official commendation, etc. before reaching each of the crimes of this case, and was dismissed on or around July 25, 2013 due to each of the crimes of this case, and there was no history of criminal punishment exceeding the same criminal history or fine, etc., considered as favorable to the Defendant.

However, each of the crimes of this case is a case where the defendant serves as an employee in charge of the credit of the G Saemaul Bank and receives 15.2 million won as a loan fee from the loan applicant L, Defendant B, the employee of the certified judicial scrivener office who entered into the business agreement with the G Saemaul Bank, and Defendant C, who received 36.36 million won in total in return for giving convenience in examining the loan of the purchase price of new loan from the G Saemaul Bank. The crime of this case has been committed repeatedly for a considerable period of time, and money has been received repeatedly for a considerable period of time, and the sum of money received has not been much specified, and the defendant seems to have explicitly demanded L to pay money in the name of the fee, and there is no possibility of social criticism, such as the fairness and impossibility of the credit business of financial institutions due to each of the crimes of this case

The age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime are shown in all other arguments.