새마을금고법위반
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendants’ sentence (Defendant A: Imprisonment of 10 months, Defendant B, C, D, and E: Imprisonment of 6 months, and 2 years of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to Defendant A, the following facts are favorable to the Defendant.
The Defendant recognized the instant crime and is in profoundly against his mistake.
It has contributed to the Saemaul Treasury project, such as receiving official commendation from the Minister of Home Affairs in around 1995 while working in the Saemaul Treasury for not less than 27 years.
In light of the result of the election, the act of the defendant does not seem to have a significant impact on the election result.
There is no particular criminal history for the defendant.
On the other hand, the following is disadvantageous.
The crime of this case provides the above B, etc. with a large amount of KRW 80 million in total in the process of the simplification of the candidates for the election of the president of the Saemaul Treasury in B, C, D, E, and Saemaul Treasury (the above B, etc. is a voting right holder as the founder of the Saemaul Treasury), among 105 members who have the right to vote, money and valuables are provided to 16 members among 105 members who have the right to vote, and the amount of money and valuables provided, and the number of eligible voters who have received money and valuables are very important.
Since the above act of the defendant is a crime which seriously undermines the objectivity and fairness of the election of the president of the Saemaul Treasury, which is mainly used by ordinary people, it is necessary to strictly punish the defendant.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, health status, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair as it is frighten. Therefore, the Defendant and the Prosecutor’s assertion are without merit.
B. As to Defendant B, C, D, and E, the following facts are favorable to the Defendants.
The Defendants’ instant case.