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The judgment of the court below is reversed.
Defendant
A Imprisonment for two years, and each of the defendants B and C shall be punished by imprisonment for ten months.
Reasons
1. In light of the fact that the defendants both recognize and reflects the crimes, the court below's sentence (the defendant A: imprisonment of three years, the additional collection of 221,30,000 won, the defendant B: imprisonment of one year and six months, the additional collection of 53,670,000 won, and the defendant C: imprisonment of one year and six months, the additional collection of 43,000,000 won) is too unreasonable.
2. The act of receiving money with regard to intermediation of matters pertaining to the duties of executives and employees of the judgment financial institution is not good in the sense that it undermines the public confidence in fairness in the performance of duties by the executives and employees of the financial institution and impairs the sound order in the financial market, and the amount of money that Defendant A received under the pretext of loan intermediation is a larger amount of KRW 200 million, and Defendant B is an employee of the Korea Asset Management Corporation and constitutes the act of receiving brokerage in this case, which is disadvantageous to the Defendants.
However, the defendants did not have the same criminal record, all the defendants led to the crime, and the defendant A paid a considerable amount of money to the defendant B and C out of the paid money to the financial institutions. The defendants did not directly make solicitation to the employees of the financial institutions or intended to pay the money. The defendants do not confirm the circumstances where the defendants made an illegal solicitation to the employees of the financial institutions or paid the money to the employees of the financial institutions. The defendant B expressed the N's intention not to punish the defendant B by returning the money to the N at the court below, and the defendant C expressed the N's intention not to punish the defendant C by returning the money to the N at the court below.
In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned relationship, other Defendants’ character and conduct, environment, the background of the instant crime, and the circumstances after the crime, it is determined that the sentence imposed by the court below is too unreasonable.
The Defendants’ assertion is with merit.
3. Conclusion.