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1. All parts of the judgment below against Defendant A, B, and C are reversed. A.
Defendant
A Imprisonment for one year, and the defendant.
Reasons
1. The summary of the grounds for appeal: The sentencing of the lower court on the Defendants (Defendant A: imprisonment of one year and six months; imprisonment of two years and additional collection of 178,260,000 won; imprisonment of three years and fine of 50,000 won; confiscation and additional collection of 30,000 won; imprisonment of three years and fine of 30,000 won; imprisonment of two years and suspension of execution of one year; and community service order of 80 hours) are too unreasonable.
2. Determination on the grounds for appeal
A. The Defendant’s crime of this case against Defendant A, while running a company related to telecommunications equipment parts, provided money exceeding KRW 1.6 billion in total with illegal solicitation against the principal contractor and the persons related to the four suppliers. Furthermore, in the course of the tax investigation, the Defendant offered money and valuables equivalent to KRW 45 million to a tax official in the process of tax investigation. In particular, the amount of giving property in breach of trust is large, as well as the amount of giving property in breach of trust is deemed to have been offered first to each donor, unlike the assertion by the defense counsel, and most of them are delivered continuously by means of account transfer, and thus, the Defendant’s sentence of punishment is inevitable.
However, it is advantageous to the defendant's recognition of all of the crimes of this case, and it does not seem that the defendant presented or realized an illegal solicitation of the specific contents by mediating such provision of money and valuables during the crime of this case, the defendant has no criminal record of the same kind or suspended execution, and the defendant's family members and supporters wish to dissipately the defendant's wife against the defendant.
In addition, in full view of all the sentencing conditions in the case, including the scope of punishment (one month to seven months of imprisonment), the scope of punishment recommended according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court (one month to two months of imprisonment), the like sentencing cases, the character and conduct of the accused, the environment of the accused, the circumstances and results of the crime, etc., the sentence of the court below needs to be mitigated.