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(영문) 서울고등법원 2016.05.27 2016노350
배임수재등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a year and six months of imprisonment, an additional collection of KRW 150 million, confiscation of KRW 155 million) is too unreasonable.

2. The following are the circumstances that the Defendant recognized all of the instant crimes and against his mistake; the Defendant voluntarily accused the internal corruption related to the tendering procedure for the apartment complex incidental facilities; and actively cooperated in the investigation of accomplices; the primary offender without any previous conviction; and the Defendant has two children (five to six years of age) who have to support the Defendant.

However, the crime of this case asserts to the purport that since the business unmanneds of apartment management entities in collusion with J, H, etc., the defendant acquired money in return for the illegal solicitation that the executive officers of the child care center for apartment buildings and the sports center's representative meeting, etc. who are auxiliary facilities, can be selected as the operator of the bidding hub, and the bidding process is a coastal case by allowing the designated person to make a bidding notice and a marking slip favorable to the person designated during the bidding process, the crime of this case is not good, and the social trust on the fairness in the bidding process of the selection of the operator of the apartment auxiliary facilities is likely to be transferred to the user of the apartment auxiliary facilities, the social costs caused by the crime of this case are likely to be increased. The defendant received 460 million won from P, H, etc. eight times, and the defendant actually acquired 350 million won of the total amount to the representative executive officers and security service of the occupants and received 1.5 billion won of the remaining 5 billion won of the money from the accomplice and received it.

l.p. g., p.

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