배임수재
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment imposed by the court below (one year of imprisonment, 50,000 won in addition to collection) is too unreasonable.
2. Each of the instant crimes committed on the basis of the following facts: (a) the Defendant received money and valuables in an amount equivalent to KRW 5,3150,000,00 from several construction companies ordering the Defendant to select as construction companies; (b) thereby impairing the integrity of the relevant work; and (c) the need to eradicate such work practice is an element for sentencing unfavorable to the Defendant.
However, in full view of the following circumstances: (a) the Defendant has no record of criminal punishment; (b) the Defendant initially committed each of the crimes in this case; (c) the Defendant, such as the discovery of the circumstances in which the Defendant’s department and staff, etc. used part of the amount received from each of the crimes in this case, does not appear to have paid only the money that the Defendant received for each of the crimes in this case; (d) the Defendant faithfully served in the Defendant’s workplace without any particular error for the last 30 years; (e) the Defendant deposited the total amount of money that the Defendant lost in the relevant civil litigation with B University for the University; and (e) other circumstances that form all the sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime in this case; and (e) the result of the application of the sentencing guidelines of the Sentencing Committee of the Supreme Court, it is deemed unfair
Therefore, the defendant's argument is justified.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered again after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.