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The judgment below
Of the defendants A, the part of the defendant is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
Defendant
A.
Reasons
1. The summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, the surcharge of two hundred million won, the surcharge of one year and six months, the surcharge of two hundred million won, the surcharge of one year and six months, and the surcharge of one million won) of the court below is too unreasonable.
2. Determination
A. Defendant A committed the instant crime in collusion with Defendant B on the pretext of soliciting a public official in relation to the alteration of the purpose of the use of the J auction warrant operated by the victim I, and by deceiving KRW 200 million by himself, including KRW 130 million by himself, and KRW 330 million by himself, and the nature of such crime is more serious. Considering that such Defendant’s act is considerably detrimental to the fairness and incompetuity of the execution of official duties and the social confidence in the purchase thereof, it is necessary to punish the Defendant with strict punishment.
However, in full view of various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment imposed by the court below is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since the defendant's error is too unreasonable. The defendant's argument of unfair sentencing is justified.
B. There are favorable circumstances for the defendant B, such as the fact that the defendant was aware of his mistake and that the defendant has no criminal records of the same kind and suspension of qualification or more.
However, the crime of this case was committed by the Defendant in collusion with the Defendant A under the pretext of soliciting a public official in connection with the alteration of the purpose of the use of the J auction box operated by the Defendant I, and the crime was committed by the Defendant by deceiving KRW 260 million by himself, including KRW 60 million by himself, and the crime is serious. Such act of the Defendant is likely to seriously undermine the social trust on the fairness and infiniteness of the execution of official duties.