배임수재
All appeals by the prosecutor and the defendant are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that the crime of this case committed by the public prosecutor is bad, the punishment imposed by the court below (a punishment of imprisonment for eight months, additional collection of 39,840,625 won) is too uneased and unreasonable.
B. In light of the fact that the defendant is against the defendant, the circumstances and degree of the crime, etc., the sentence imposed by the court below is too unreasonable.
2. We also examine the judgment and the defendant's assertion of unfair sentencing.
The defendant does not actively demand money and valuables to the KMG, but there are circumstances that may be taken into account the circumstances leading to the crime of this case in the course of active and organized routes of the LMG, the error is recognized and seriously reflected, the full amount of the surcharge imposed in the original judgment is deposited, the defendant was in a sincere research and academic field prior to the instant case, he was released from his position from his position as professor of DM as of February 1, 2013, the fact that he was dismissed from his position as a professor of DM as of February 1, 2013, that he did not have any previous record of punishment or punishment heavier than the suspension of execution, and that he is a family member to support.
On the other hand, the crime of this case is likely to be committed by the defendant, who shall fairly evaluate and deliberate the government-funded public corporation bidders, in receipt of illegal solicitation from G and 27,500 shares of 27,50 shares (47,586,550 shares at the exchange rate at that time) and in fact give one rank of design evaluation points to the environmental environment of design documents submitted by G consortiums.
Since illegal practices in the tendering process for government-funded construction projects, such as the instant case, are eventually caused by poor construction works, degradation in technology competitiveness, etc., and social harm is high, there is a strict need to punish them to eradicate them.
In addition, it cannot be said that the amount the defendant received through the instant case is less than the amount.
These points are disadvantageous to the defendant.
The above circumstances and character and behavior of the defendant.