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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the 3 years of the suspended sentence of imprisonment with prison labor for a year and June, and the 15 million won of fine) is too unreasonable.
2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court deems that (i) the Defendant’s act of receiving money and valuables related to duties as an executive or employee of a financial institution in the course of committing an offense against the Defendant would impair the fairness and integrity of the duties of the executive or employee of the financial institution; (ii) there is a high possibility of criticism as an act that disturbs the sound order in the financial market as an act that disturbs the duty of the executive or employee of the financial institution; (iii) the unmanned’s act of operating a financial investment business would impair the legislative purpose of contributing to protecting general investors and promoting the fairness and reliability of the capital market; and (iv) the act of destroying evidence constitutes a serious criminal act that undermines the fairness and reliability of the financial institution’s criminal function of the State; and (iii circumstances that the Defendant did not have taken into account the circumstances of the Defendant’s wrongful confession.