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(영문) 부산고등법원 2015.07.23 2015노257
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the penalty imposed by the lower court (the penalty of KRW 8,28,542,380) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the lower court’s above sentence is too uneasible and unreasonable.

2. Examining the various sentencing conditions in the instant case, the Defendant actively demanded money and valuables under the pretext that the Defendant would process a letter of guarantee issued by the Korea Technology Credit Guarantee Fund necessary for a loan to a small or medium enterprise that is difficult to lend, and received money and valuables amounting to 28,542,380 won. In addition, in light of the background and content of the crime, the nature of the crime and the amount of the money received, etc., not only are the case be less complicated, but also the crime and the criminal circumstances are not easy in light of the general public’s trust as to the duties and fairness of officers and employees of financial institutions, etc. and undermine the sound order in the financial market by actually arranging the employees and employees of the Korea Technology Credit Guarantee Fund. The Defendant argued that the amount paid in the form of benefits during the investigation process is the actual remuneration for work, and the Defendant was

On the other hand, in the court below and the court of the party, the defendant appears to be against his own will while accepting the crime of this case, the money received by the defendant is relatively large, and the above money seems not to have been delivered to the officers and employees of financial institutions, etc., etc. are considered to be favorable to the defendant.

The above factors of sentencing are disadvantageous or favorable to the defendant. The court below sentenced the defendant to the punishment of imprisonment for up to the scope of the recommended sentence set in the sentencing guidelines (over to six months of imprisonment, up to one year and six months), and the motive, background, and consequence of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, environment, family relationship, etc.

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