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(영문) 전주지방법원 2020.01.23 2019노1020
배임수재등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The amount received from Defendant B is KRW 15 million. Nevertheless, Defendant A1 may be found guilty of the receipt of KRW 20 million, and accordingly, the lower court’s judgment that calculated the additional collection is erroneous in misunderstanding of facts. 2) The lower court’s sentence of unfair sentencing (one month of imprisonment and two years of suspended execution) is too heavy.

B. Defendant C1) misunderstanding of facts or misunderstanding of legal principles did not approve B to divide the cash to the presiding officials of J-si and to request the articles of publicity, or there was no intention with B. Also, considering the reality such as the nature of local areas related to the contents and advertisement of the article, the preparation of the article of this case does not go against the principles of social norms or the principles of trust and good faith. Nevertheless, the judgment of the court below which convicted the Defendant is erroneous in the misapprehension of facts or misunderstanding of legal principles. 2) The sentence of the court below of unfair sentencing (one year of imprisonment for six months, one year of suspended execution)

C. Defendant D Co. 1) misunderstanding of facts or misunderstanding of legal principles did not report by B, and thus, Defendant Co., Ltd was difficult to understand the illegal act by Defendant Co., Ltd., and Defendant Co., Ltd fulfilled considerable duty of care, such as continuing education on compliance with laws and regulations. Nevertheless, the lower court’s conviction against Defendant Co., Ltd. is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The lower court’s sentence of unfair sentencing (three million won of fine) is too heavy.

1) ADDD - The lower court’s sentence against Defendant A is too minor to impose an unfair sentencing sentence, and the amount additionally collected is less minor. 2) The lower court’s sentence against Defendant C and D corporation is too minor.

2. The Defendants asserted that the mistake of facts or misapprehension of legal principles by the Defendants had the same assertion as the grounds for appeal in the lower court, and the lower court is the defendants and the defense counsel.

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