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(영문) 부산고등법원 2013.05.09 2013노167
배임수재
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) The money and valuables for the remainder except for the portion indicated in the list of crimes (1) No. 61 and 62 annually in the original judgment on the mistake of facts are given to the so-called “satisf money” by the so-called “F Association” leader in consideration of the poor financial situation of the adjudication division of the F Association (hereinafter “F Association”) which is an incorporated association. This is merely a long-term customary practice and transmission, and the Defendant does not receive money and valuables in return for the wrongful solicitation that the convenience of the adjudication decision is offered.

(2) The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (one month of imprisonment, 60,600,000 won for an additional imposition) is too unreasonable.

B. Defendant B (1) misunderstanding of facts recognized that the Defendant received money and valuables as stated in the crime sight table (2) at the time of original adjudication, but the amount of 1/3 of the above money and valuables was involved in or received in the actual competition, but the Defendant did not have any influence on the winning part of the actual competition, and the remainder was received under the name of a kind of personnel expenses, etc. which the Defendant has long been customarily lowered or under the name of a kind of personnel management expenses, etc., or under the name of a kind of support that was contributed to the Defendant’s difficult situation or a kind of advance and after-the-counter relationship, and that the Defendant received money and valuables on behalf of the entire members of the F Association inquiry team, and used it to or borrowed from DF, as it was, from the leader of the K Association inquiry team, for the convenience of the adjudication decision, it does not mean that the Defendant received money and valuables in return for the illegal solicitation from the leader.

(2) The lower court’s sentencing (one year of imprisonment, 101,200,000 won for additional collection) is too unreasonable.

2. Determination

A. As to the Defendant A’s assertion, the circumstances acknowledged by the evidence duly adopted and examined by the lower court in misunderstanding of facts, namely, the Defendant’s assertion from the F Association on May 2007.

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