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(영문) 부산고등법원 2017.10.19 2017노448
배임증재등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The judgment of the court below and the court below held that various circumstances unfavorable to the defendant (each of the crimes of this case committed by the defendant was committed by the defendant, taking advantage of the fact that the defendant was in the position of the executive officer of a trade union who could have an influence on the employment of bus articles, he received employment solicitation and cash 50 million won from the person who wishes to be employed as H H's bus engineer four times through four times as stated in the judgment below, and delivered it to H's general director or the head of a Trade union branch, and give and receive one million won as a benefit of personal employment intervention in the process, in light of the details, means, methods, and results of the crime, and the frequency of the crime, and the size of profits acquired, each of the crimes of this case committed by the defendant is serious in nature, in view of each of the crime of this case committed by the defendant, who was in the position of the executive officer of the trade union, and has conspired, participated in the so-called "employment funeral," so-called "work," and thus, it should be seriously criticized that the defendant has a high possibility of misunderstanding of other persons who wished employment.

In full view of all the sentencing conditions in the proceedings of the court below and the trial at the court below, including the statement, the economic benefits ultimately vested in the defendant are only one million won, the defendant has no same criminal record, and there is no record of having been sentenced to punishment, etc.), since the sentence imposed by the court below is too unreasonable because it is too unreasonable, the defendant's assertion is justified.

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