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(영문) 부산고등법원 2018.07.12 2018노41
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor for five years and fines for 120,000,000 won, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding the facts (related to KRW 10,000,000,000,000,000 won, which was transferred from B on June 19, 2014, Defendant A received from B, not the reward for loan, but the money received from B for foreign currency exchange. Defendant A exchanged the said money from a bank to U.S. dollars and delivered the said money to B in full.

Therefore, Defendant A’s money received as a loan honorarium from Defendant A (i.e., KRW 107,961,600,000 (i.e., KRW 107,961,600 in total). As such, Defendant A’s criminal facts should be subject to Article 5(4)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, rather than Article 5(4)1 of the same Act.

Nevertheless, the first instance court determined that the total amount of the loan honorariums received by Defendant A exceeds KRW 100 million by deeming the above KRW 10 million loan honorariums, and thus, the lower court erred by misapprehending the facts.

2) The punishment sentenced by each court below to Defendant A (the first instance court: the imprisonment of five years and the fine of KRW 120 million, the second instance court, the imprisonment of KRW 20 million) is too unreasonable.

B. The punishment (the first instance court: imprisonment with prison labor for 4 years and the second instance court: imprisonment with prison labor for 3 years) that the lower court sentenced to Defendant B is too unreasonable.

(c)

Defendant

The second instance court, among the facts charged against Defendant AT, acquitted the Defendant on the ground that the amount exceeding five million won per annum 2 of the crime sight table (2) in the judgment of the court below, exceeds five million won, and the prosecutor did not appeal against this.

The sentence sentenced by the first instance court to Defendant A (6 months of imprisonment, etc.) is too unreasonable.

2. We examine ex officio judgment (as to Defendant A and B), prior to the judgment on the grounds for appeal by Defendant A and B.

Defendant

The judgment of the court below 1 and 2 against A and B declared each of them, and the above defendants filed each appeal against them, and this court filed each of the above appeals.

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