(영문) 서울고등법원 2019.05.30 2019노15 | 리걸엔진

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(영문) 서울고등법원 2019.05.30 2019노15

변호사법위반등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months of suspension of execution, community service order of 160 hours, additional collection of 40 million won) imposed by the court below is too unreasonable.

2. The Defendant recognized that all of the crimes were committed, and physically repented.

The Defendant returned to D and J the entire amount of money received as a consideration, and did not actually receive the consideration that was promised to receive from H.

D, J, and H do not want to punish the defendant.

It seems that there is no particular problem in the lending or process related to the crime of assisted acceptance, and it seems that there is no reason to do so to the public official in relation to the authorization of the kindergarten.

There is no history of punishment of the defendant who has been sentenced to the same criminal records or fines.

After the divorce, the defendant supports the minor's children, including his or her offspring who suffers from leuk blood disease due to negligence.

Such circumstances are favorable to the defendant.

However, each of the crimes of this case committed by the defendant with the knowledge that the defendant is an executive officer or employee of a financial institution or a public official, and thus, it is intended to arrange a bank loan or to allow a public official to change the purpose of use of the building and obtain authorization for the kindergarten. It is committed to receive a sum of KRW 40 million from two persons, and to receive an amount equivalent to one percent of the estimated loan from one person as a fee.

In light of the criminal defendant's act, the social trust on the fairness and infiniteness of duties performed by executive officers and employees of financial institutions or public officials has been significantly damaged, and in light of other means and methods of crime, and the amount of money and valuables promised in return for the commission of the crime, the liability for the crime

The Defendant actually arranged bank loans.

Such circumstances are disadvantageous to the defendant.

In comparison with the first instance court, there is no change in the conditions of sentencing.

유사 판례

-제주지방법원 2018.01.19 2016고단2605

-서울고등법원 2018.04.11 2017노3376

-서울북부지방법원 2017.02.09 2016고단4721

-인천지방법원 2018.12.07 2018고합672

-서울고등법원 2016.05.12 2016노419