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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair punishment) by the lower court (one year of imprisonment) is too unreasonable.
2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the sentencing conditions (such as: (a) as indicated in the records and pleadings of this case (the fact that the Defendant actually recognizes the crime by asserting only unfair sentencing in the trial as the grounds for appeal; and (b) the fact that there is no same criminal record) as the grounds for appeal, the lower court responded to the fact inquiry that “A Co., Ltd. actually led the conclusion of a contract for solar power plant construction” with the lower court; (c) approximately KRW 80 million out of KRW 22,000,000,000 were disbursed in connection with solar power plant construction; and (d) the remaining amount of KRW 140,000,000,000,000 was not considered in relation to solar power plant construction; and (d) the lower court did not consider any changes in circumstances, such as the Defendant’s withdrawal of personal benefits from the Defendant’s use of solar power plant; and (e.
Therefore, the defendant's argument cannot be accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.