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(영문) 부산고등법원 2013.12.12 2013노544
배임수재
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (one hundred and twenty months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and additional collection KRW 50 million) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant confessions all the criminal facts of the instant case and repents his mistake, that the Defendant is the primary and social relative relationship is clear, and that the Defendant does not seem to actively demand money and valuables.

However, in full view of the following factors: (a) the Defendant’s act of committing the instant crime is in a position in overall control over the selection process of the delivery company as the head of the Department C of the Company, and the Defendant received money from the delivery company upon the solicitation of increase in the transaction volume; (b) the amount received exceeds KRW 50 million in total; and (c) the Defendant’s age, character and conduct, and environment, and other various sentencing conditions indicated in the instant argument, the sentence imposed by the lower court against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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