특정경제범죄가중처벌등에관한법률위반(수재등)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than two years and six months.
(2).
1. The main point of the grounds for appeal is that the lower court’s punishment (each exemption for the Defendant) is too unhued and unreasonable.
2. Determination
A. The criminal facts, such as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, for which the judgment has become final and conclusive, are that the defendant and B, as executive officers and employees of the Association, engaged in loan business several times to E, thereby causing damage to the Association in violation of their occupational duties. The criminal facts of this case are related to the loan that was ordered as a starting point for the crime of breach of trust, etc., and some of the facts related to the crime of this case are deemed to have been known to the investigation agency at the time of the investigation of this case. In the above case, the defendant was sentenced to the suspension of the execution for three years, and the probation period has already been terminated, and the defendant did not have any criminal records exceeding the fine other than
However, on the other hand, the crime of this case was committed in collusion with B by taking advantage of the status of executive officers and employees of financial company, and provided approximately KRW 387,7730,00 to D Association in exchange for illegal solicitation in connection with their duties, and the nature of the crime is bad, the amount of the flood is higher, and if the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) which became final and conclusive in this case and the judgment were judged at the same time at the same time, the maximum punishment is five
Considering the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, various sentencing factors as shown in the instant records and arguments, such as the circumstances after the crime was committed, it seems that the lower court’s exemption of the Defendant’s punishment is somewhat unreasonable.
Therefore, the prosecutor's argument on unreasonable sentencing is justified.
B. Defendant B.