The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case, which is judged, is likely to undermine the fairness of auction and undermine the general public’s trust in the fairness of duties performed by the officers and employees of a financial institution.

In particular, the defendant seems to have led to the crime in the case of interference with auction.

However, when the defendant was found to have committed each crime, there was a conclusive perception as to whether there was a lien based on false claims or not.

In light of the fact that it is not visible that the risk of damage caused by the crime is not realized by the withdrawal of the report of the lien immediately after the action of the owner of real estate, the defendant's primary crime, and the fact that the social compensation is clear, etc., as well as the motive and circumstance of the crime, the means and result thereof, the circumstances after the crime, the defendant's career, sexual behavior, environment, etc. and various sentencing conditions as shown in the pleading are somewhat unreasonable.

Defendant

The argument is with merit.

3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column of the judgment below, except for adding "the defendant's oral statement in the court below" to "the crime of interference with auction in the judgment of the court below" and "the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the known player)" to "the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of violation of the Act on the Aggravated Punishment, etc.

Application of Statutes

1. Relevant legal provisions for the crime, Articles 315 and 30 of the Criminal Act for the choice of punishment (the violation of auction), Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of good offices) and imprisonment, respectively.