특정경제범죄가중처벌등에관한법률위반(수재등)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in the event of Defendant A: 8 months of imprisonment and 2 years of suspended sentence; 3 million won of a fine; 1.5 million won of a fine; 4 months of imprisonment and suspended sentence; 1.5 million won of a fine; 3 million won of a fine; 1.5 million won of a fine; 5 million won of a fine; 5 million won of a fine; and 3 million won of a fine) is too unreasonable.
2. The judgment of the Defendants recognized all of the instant crimes and are in a profound radius; Defendant A and D did not have any history of criminal punishment of suspension of qualifications or more; Defendant B and C did not have any history of criminal punishment; Defendant C and D did not have any history of criminal punishment; and Defendant C and D’s profits granted to Defendant A and B are relatively small amounting to KRW 1.5 million each.
However, the crime of this case is highly likely to undermine the fairness and integrity of the performance of duties by the officers and employees of financial institutions, and the social confidence in this case. Although Defendant A and B received orders from the Central Association of the U.S., that they will not receive gifts or travels from customers, the execution of imprisonment with prison labor against Defendant A and B was suspended in consideration of the favorable circumstances as seen earlier, etc., the court below suspended the execution of the crime of this case. Defendant C and D was sentenced to a fine by imposing a fine on Defendant C and D. In addition, considering all the circumstances, including the Defendants’ age, sexual behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.