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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 5,000,000.
3.2
Reasons
1. The grounds of appeal (e.g., a fine of KRW 5 million; KRW 10 million; KRW 21,360,000; KRW 21,360,000; KRW 8 million; and KRW 6,840,00,00 for fines of KRW 8 million; and KRW 6,840,00 for fines of KRW 6 million) that the court below sentenced the Defendants are too uneasible.
2. Determination
A. Prior to the judgment on the grounds for appeal against Defendant A ex officio, prior to the judgment on the grounds for appeal against the ex officio judgment, the prosecutor conducted the last conduct among the facts charged against Defendant A, which is "for this reason, the Defendant provided money or goods to Party B for the purpose of providing money or goods in connection with the duties of officers and employees of financial companies, etc." The applicable provisions to Defendant A applied for changes to "Article 6 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes," respectively. Since this court permitted this and changed the subject of the judgment, the part against Defendant A among the judgment of the court below cannot be maintained further.
B. Each of the instant offenses against the rest of the Defendants by the Prosecutor is a crime that undermines the general public’s trust in the performance of duties by executives and employees, such as financial companies, and undermines the sound order in the financial market. However, the Defendants recognized each of the instant offenses, and reflects his or her mistake in depth. Defendant C returned KRW 6 million to Defendant B, Defendant C did not have any history of having been punished in excess of the same criminal power and fine, and Defendant C has no history of criminal punishment; Defendant C is an initial offender with no history of criminal punishment; Defendant C is in the position to support his or her wife and her child consciousness; and other various conditions of sentencing indicated in the records, such as the motive and background leading up to each of the instant offenses, the circumstances after the commission of the offenses, and the age, character and conduct of the Defendants, and the environment.