beta
Text
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each of the punishments imposed by the court below on the defendants (the defendant A: imprisonment with prison labor for one year and additional collection for 20 million won, and imprisonment with prison labor for 8 months) is too unreasonable.
2. Determination
A. Defendant A, as a general affairs of the F apartment council of occupants' representatives, has failed to perform its duties in good faith and fair manner for the common interest of the occupants, has been subject to illegal solicitation from Defendant A in relation to the selection of the operator of the child care center in the apartment complex by taking advantage of his status. Defendant A, as a result of tracking the user of the check, has revealed that the Defendants received KRW 20 million between the Defendants. Defendant A attempted to conceal the actual status of receiving money on the ground of the third person who was in contact with the Defendant B at all, and attempted to conceal the actual status of receiving money. However, Defendant A did not have any history of punishment other than those punished by a fine on two occasions due to a crime different from the instant crime. In light of the circumstances revealed in the record, the lower court did not recognize the facts charged in this case by taking account of the following circumstances: F apartment as the total name of the apartment; Defendant A’s efforts to promote convenience and convenience as well as circumstances favorable to the occupants; Defendant A’s occupation and behavior; Defendant A’s motive and behavior.
B. Defendant B, as a result of the instant crime, significantly damaged the confidence of the occupants on the fairness of the selection of the child care center operator in the F apartment council of occupants’ representatives, etc., and as a result, Defendant B received KRW 20 million among the Defendants.