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(영문) 부산고등법원 2014.09.18 2014노451
배임수재
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The amount of KRW 1775 million from the defendant is KRW 70 million.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant’s instant case, the sentence imposed by the lower court (one hundred months of imprisonment and one hundred and seven hundred and fifty million won of surcharge) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Examining the various sentencing conditions in the instant case, there are also circumstances favorable to the Defendant, such as: (a) there is no criminal record other than the fine due to the violation of the Road Traffic Act; (b) there is clear social ties; (c) the fact that all of the instant crimes were committed, and showing the appearance of reflecting one’s mistake while committing the instant crimes; and (d) the mother who was administered to the captain cancer during the period of detention died, etc., who was suffering from the pain of family history.

However, the crime of this case can not be presented solely on the ground that the defendant is a practice in our society to improve the overall transparency of our society. In this case, the officers and employees of Hyundai Heavy Industries, who take charge of sales affairs such as transformers, power distribution teams, etc., and the agency's management affairs, are given implied approval from agency companies, and receive a total of KRW 288.7 million from multiple public bidders upon receiving a request for a high-level rate from agency companies. The crime of this case is not easy in light of the nature of the above business, and the amount of expenses received, etc., the crime of this case is committed. The amount of expenses actually acquired by the defendant is up to KRW 177.5 million. The defendant cannot be presented merely on the ground that money and valuables were actually acquired for illegal solicitation for the purpose of improving the overall transparency of our society. It seems that the investigation of this case was conducted through information that the structural corruption of accepting illegal money and valuables from many cooperation companies, etc., or that there was a similar investigation or similar investigation conducted with the defendant.

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