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(영문) 대구지방법원 2016.10.27 2016노3134

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 1.6 months, 137, 026, 400 won) of the lower court is too unreasonable;

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the Defendant has been punished four times by a fine; (c) the Defendant has no record of punishment for the same type of crime as the instant crime; (d) the Defendant appears to have not provided any defective loan out of the loans arranged by the Defendant; and (e) the Defendant returned a certain amount to the donor.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the receipt of money and valuables in relation to the arrangement of matters belonging to the duties of officers and employees of financial institutions, and the fact that the criminal liability cannot be less than that of the crime, the sum of the amount received by the defendant as a referral fee exceeds 20 million won (However, the amount actually acquired is 137,026,400 won), and the fact that

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a punishment within the scope of its discretion.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.