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(영문) 부산고등법원 2020.05.14 2019노644

배임증재

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., four months of imprisonment and one year of suspended execution, six months of imprisonment and two years of suspended execution) are too unreasonable.

2. Determination

A. Defendant A, who joined the Korea Trade Union members and worked in the D branch, offered 75 million won for promotion in collusion with his father and provided 75 million won. Ultimately, Defendant A was benefiting from successful solicitation and promotion to the funeral.

There are extenuating circumstances, such as that the father of the defendant, who is the accomplice of the above crime, has already served a prison term of five months due to the above crime, recognized the crime and divided the errors, the primary offender who has no power to commit any crime, support the father of the defendant and his spouse and children.

However, even if the above act is a public practice in the course of employment or promotion within the CEU, such circumstance alone is insufficient to justify the Defendant’s instant crime, and rather, the social side effects of employment, personnel expenses, and personnel expenses, which are established as a firm practice in the CEU, are very serious, and it is necessary to give social warning to the structural corruption of the CEU, and the Defendant also provided a large amount of money that is not KRW 75 million and provided to maintain such unlawful practices, thereby causing considerable social harm and injury. In light of the above, it is inevitable to punish the Defendant significantly.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there are no special changes in circumstances that make the original judgment and the punishment different from the circumstances after the crime, the punishment imposed by the lower court is within the scope of appropriate punishment according to the Defendant’s liability.