특정경제범죄가중처벌등에관한법률위반(알선수재)등
The judgment of the court below is reversed.
Defendant
A Imprisonment of one year and six months, Defendant B’s imprisonment of two years and six months and fine of 50,000.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a year and six months of imprisonment; (b) 249,415,000 won; (c) 3 years and six months of imprisonment; (d) 100,000 won; and (e) 95,200,000 won for additional collection) is too unreasonable.
2. Prior to the judgment of each of the defendants' respective arguments of sentencing, we examine ex officio the defendants A's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Proof of Evidence, etc.) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Acceptance of Materials, etc.) of
Where an officer or employee of a financial institution receives money and valuables several times in relation to his duties, it has been repeatedly conducted for a single and continuous period under the criminal intent, and the damaged legal interest is also the same, each crime shall be deemed to be a single and continuous crime. However, in a case where the unity and continuity of such a crime cannot be recognized, it shall be deemed that each crime constitutes a separate crime (see Supreme Court Decisions 97Do2609, Dec. 26, 1997; 200Do1155, Jun. 27, 200, etc.). Such legal principle shall be equally applied to the case where the crime is attested.
As to the instant case, comprehensively taking account of the following facts: (a) the actual debtor of each of the instant loans is different from each other; (b) there is a considerable interval between the time of each of the respective loans; (c) the actual examination of each of the loans appears to have been conducted whenever each of the loans was granted; (d) all of the loans requested by Defendant A are not implemented; (e) all of the loans are not carried out; and (e) money and valuables in relation to all of the loans executed by Defendant A are not deemed to have been given or received; and (e) there is no prior promise to give or receive money for each of the loan debtors; and (e) the Defendants
It is reasonable to view it.
Thus, each crime committed in the second list of crimes in the judgment of the court below is committed.