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(영문) 대구지방법원 2013.10.10 2013노1182

특정경제범죄가중처벌등에관한법률위반(수재등)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (2 years of suspended execution and fine of 30 million won, additional collection of 14,550,000 won for ten months of imprisonment) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

There was a particular misconduct in relation to the issuance of the technical guarantee certificate of this case, since the defendant's mistake is recognized and reflected.

The circumstance that direct damage has occurred to a lending institution, etc. is not peeped, return money and entertainment equivalent to or more than the money and entertainment equivalent to the money and entertainment received to the donor, there is no special criminal record other than the person sentenced to a fine due to drinking driving, and the fact that the defendant's wife wants to leave the front place to the defendant is favorable to the defendant.

On the other hand, the crime of this case is disadvantageous to the defendant, for example, insolvency of financial institutions, loss of public funds, etc., and the fact that the received amount or entertainment is not many.

In full view of such circumstances as above, the Defendant’s age, character and conduct, environment, family relations, etc., and all the circumstances revealed in the arguments, it is not determined that the sentence imposed by the lower court is too weak or unreasonable.

The prosecutor and the defendant's assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is