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(영문) 부산고등법원 2014.05.22 2014노90
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 punishment sentenced by the court below (one year and six months of imprisonment and additional collection KRW 280,551,000) is too unreasonable.

2. Examining the various sentencing conditions in the instant case regarding the grounds for appeal, the following circumstances are favorable to the Defendant: (a) the Defendant paid the surcharge to the first instance court; (b) the Defendant was the first offender; (c) the social relationship is clear; (d) the Defendant voluntarily surrendered to the investigation agency prior to the commencement of the main investigation into himself; and (e) the Defendant actively cooperatedd with the investigation by providing other E Co., Ltd. (hereinafter “E”)’s officers and employees with a variety of information about the acceptance of money and valuables from suppliers; and (e) all of the crimes are provokings and reflects the wrongness.

However, the crime of this case was committed in full view of the following factors: (a) the Defendant received money and valuables continuously over several years upon the solicitation of a large number of suppliers to increase trading volume and to continuously supply them; (b) the nature of the crime is not less than 290,551,000 won in total; (c) the position and the amount of the money and the amount of the money and the amount of the money within the E executives and employees who were investigated and tried around the same time due to the suspicion of breach of trust, etc. similar to the Defendant, and the sentence at the first instance court or the appellate court of the E executives and employees who were under investigation and trial around the same time; and (d) the amount of the money and valuables within the E executives and employees’ age, character and environment, motive, means and consequence of the crime, family relationship, and the circumstances after the crime, etc., even if considering the circumstances favorable to the Defendant, such as prepayment, etc. at the trial, it cannot be deemed that the sentence of the lower court is too unfair.

3. In conclusion, the defendant's appeal is without merit.

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