배임증재
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentencing of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
2. Illegal solicitation and acceptance of money associated with the determination work should be eradicated as soon as possible in our society, and such crime should be strictly punished if it is revealed.
In addition, the period in which the defendant paid money under the pretext of illegal solicitation is about 11 years, and the total amount is about 40 million won, which is disadvantageous to the defendant.
However, it seems that the court below's decision is too heavy in full view of the following facts: the defendant did not actively provide money in advance, and the defendant paid money in practice at the request of the other party in a superior business position; the amount in monthly is a small amount; the defendant did not gain personal benefits as a crime for the company; the defendant did not have the status of the owner or representative director of the company; the defendant was living in good faith without any previous conviction and is sentenced to a suspended sentence or heavier punishment, and the defendant would have to retire from the company who has served for a long time.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 357 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 357 (2) of the Criminal Act concerning the selection of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;