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(영문) 서울고등법원 2018.05.30 2018노332

특정경제범죄가중처벌등에관한법률위반(횡령)등

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing: 1 to 4 of the court below's decision: Imprisonment with prison labor for 2 years; 3 years of suspended execution with prison labor for 3 years; 5 million won with prison labor for 5 years in the court below's decision) is unfair because it is too uneas

2. Each of the instant offenses is not only a person who, as the representative director of the F Co., Ltd. (hereinafter “F”), uses company funds exceeding KRW 900,000 for personal use, embezzled funds in excess of KRW 900,000,000,000,000,000 to F, thereby causing losses to F by creating funds in a manner that pays off the amount to customers, but also a false report on the state of F’s property to the rehabilitation commissioner, but also received KRW 15,00,00,000,000,000,000,000,000,000 won as a bribe to be delivered to F, as it provides a member of the National Assembly with an illegal political fund, and

The amount of damage suffered by the victim F due to the instant embezzlement and breach of trust is also large exceeding 1.2 billion won.

Despite the fact that the defendant had been punished once as a crime of offering a bribe, the defendant committed the crime of acquiring a third party bribe of this case.

These points are disadvantageous to the defendant.

However, the Defendant recognized all of the crimes of this case, and took a depth of his mistake.

The victim F, in fact, is the defendant's 1 company, and the defendant's funds invested as the company's operating fund from January 2014 to July 2017, about KRW 3 billion in total.

Considering this point, the victim expressed his intention that he does not want the punishment of the defendant.

The defendant actually delivered the above 15 million won as a bribe, which was delivered by her pro-Japanese;

It is difficult to see that political funds contributed by the defendant were connected to illegal election campaigns.

It is difficult to see, and the reasons why political funds have been provided are also considered to have been provided by the member of the National Assembly.

These points are the accused.