2020No1948 Violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)

200 seconds423 Application for a compensation order

A

Both parties

Courtroom soldiers (prosecutions) and courtrooms (public trial)

Attorney Park Tae-tae (National Assembly)

D. Corporation

Seoul Southern District Court Decision 2020Gohap339 Decided 16, 2020

January 15, 2021

All appeals filed by the defendant and prosecutor are dismissed.

The defendant pays 4,260,128,698 won to an applicant for compensation.

The above order may be provisionally executed.

1. Summary of grounds for appeal (unfair sentencing)

The defendant asserts that the punishment sentenced by the court below (seven years of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the court below is too uneasible and unfair.

2. Determination on the grounds for appeal

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

As stated in its holding, the lower court determined the sentence against the Defendant by comprehensively taking into account all the circumstances favorable to the Defendant and unfavorable circumstances. The lower court’s sentence is recognized to have been appropriately determined in full view of all the important circumstances, and there is no change in the sentencing conditions that may change the sentence of the lower court in the trial. In full view of all the sentencing factors indicated in the instant pleadings, including the following circumstances and the Defendant’s age, character and conduct, motive, means and consequence of the crime, circumstances before and after the crime, the scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment according to the sentencing guidelines even when considering the number of the Defendant’s imprisonment to be taken into account on the grounds of sentencing) and the scope of recommending punishment according to the sentencing guidelines (the period of recommending punishment according to the sentencing guidelines shall be 5 years to eight

Therefore, each of the defendant and prosecutor's arguments is not accepted.

3. Determination on the application for compensation

The applicant for compensation who is the victim asserts that the amount of property damage caused by the crime of this case is KRW 4,260,128,698, and the defendant recognizes the amount of property damage inflicted on the applicant for compensation. Thus, the amount of property damage inflicted on the applicant for compensation shall be determined as KRW 4,260,128,698 (On the other hand, the applicant for compensation seeks to pay the amount calculated at the rate of 12% per annum from the day following the delivery date of the application for compensation of this case to the day of full payment. However, although the applicant for compensation seeks to pay the amount of money calculated at the rate of 12% per annum from the day of delivery of the application for compensation of this case to the day of full payment, the application for this part falls not under the "direct physical damage, medical expenses and consolation money caused by the criminal act of the defendant," or it is not clear whether or not there is any liability for compensation or its scope).

4. Conclusion

Since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for compensation of this case is with merit within the scope of recognition above, it is so decided as per Disposition by the assent of all of them pursuant to Articles 25(1)1 and (3), 31(1) and (3) of the Act on Special Cases Concerning

For the same judge of the presiding judge;

Judges Lee Jae-chul

Judges Lee Byung-hee