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(영문) 부산고등법원 2016.02.04 2015노740

배임수재

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (an additional collection of KRW 8 months and KRW 100 million) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, each of the instant crimes is that the Defendant, while holding office as the head of the branch office of the Busan Coast Guard, received a total of KRW 100 million in return for illegal solicitation in connection with the promotion of union members. In light of the method and content of the crime, the amount of the crime, etc., the nature of the crime, and the amount of the crime received, were not less than three times and criminal punishment (one time and two times of suspended execution) for the same crime as the instant crime, and in particular, from April 15, 2005 to March 1, 2009, the Defendant was sentenced to a suspended sentence of 181 million in total with imprisonment with prison labor for a total of 13 persons from April 15, 2005 to October 16, 2009 (the Busan District Court Decision 2009 to June 5, 2009).

6. Although it was confirmed on 17.17., each of the crimes of this case committed again at the same time prior to the expiration of the suspended period under the above final judgment or the end of the above suspended period, and even though there have been many cases of criminal punishment by the executive officers of the labor union at the Busan Port, even though there have been many cases of criminal punishment, the defendant is highly likely to be subject to criticism in that he did not go away from that of the past and responded to it as it was.

On the other hand, the defendant confessions all of the crimes of this case and reflects his mistake in depth, and the defendant returned KRW 70 million received from A and B around December 2, 2012, prior to the commencement of the investigation of this case, and deposited KRW 30 million received from H as a person who was a truster on November 19, 2015, and each of the crimes in the judgment of the defendant's judgment becomes final and conclusive on June 21, 2013.