beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the surcharge of KRW 1 year and six months of imprisonment and three years of suspended execution, community service work 120 hours, 7,890,000) is too unreasonable.
A counsel asserts that the amount actually acquired by a criminal defendant in relation to H in the statement of grounds of appeal is KRW 25,895,000 after deducting 10% of value-added tax. This seems to have been effective as a circumstance of unfair sentencing. Even if the above claim is a assertion of misunderstanding of facts or misunderstanding of legal principles as to the amount obtained by deception, the amount of fraud shall not affect whether the property or property gains acquired by a criminal act or had a third party acquire it ultimately, and therefore, the amount received without deducting value-added tax shall be deemed to be the amount obtained by deception (see, e.g., Supreme Court Decision 2008Do2236, Jun. 12, 2008); and the above defense counsel’s argument cannot be accepted).
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. We examine the defendant, his defense counsel, and the prosecutor's assertion of unfair sentencing.
When the defendant combines his own benefits and wife's salaries, he acquired financial benefits through acquiring, or in violation of his duties, most of them used for entertainment expenses, even though he was a high-income earner in the annual salary of about KRW 150,000,000 for several years.
In addition, by abusing the superior position in charge of ordering the transportation of butts, the trading company has requested the trading company to issue a false tax invoice, or requested the issuance of a blank tax invoice, and attempted to closely plan the crime by withdrawing the acquired amount in cash with the borrowed account, and to conceal it.
In light of the motive and method of each of the instant crimes, the quality of the Defendant’s crime is not good.
On the other hand, the defendant is the victim.