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The judgment below
The parts of the defendant A, B, C, and E shall be reversed.
Defendant
A shall be punished by a fine of KRW 10 million, Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair sentencing)’s punishment (in 4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
B. Defendant B (unfair sentencing)’s sentence (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
(c)
Defendant
C1) In fact, the Defendant had not conspiredd or participated in any crime described in the judgment regarding the illegal employment of H, such as ordering B and A to change the interview scores of H.
2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.
(d)
Defendant
D1) In fact, there was no fact that the Defendant: (a) instructed A to take the final decision of successful applicants including P to challenge P; and (b) committed a crime listed in the judgment related to illegal employment of P.
2) Even if a misunderstanding of the legal principles did the Defendant’s act of entry in the decision on the recruitment of P, this would not result in the occurrence of interference with F’s new employment business, since it was under the direction of F presidentO and higher-ranking person E.
3) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.
E. Defendant E’s misunderstanding of facts does not constitute an act of conspiracy or participation in a crime related to illegal employment of P, such as changing the test scores of P and changing the number of employees in the field of resource development (mining).
2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. Determination as to Defendant C’s assertion of mistake of facts 1) The summary of this part of the facts charged was from October 2, 2012 to October 2, 2012, the Defendant, as the Director of the F Finance Management Department, was a personal interview for employment of employees with career experience in the field of financial experts according to the FF Employee Employment Plan in 2012.
According to the interview plan of F’s professional career employees, H is out of 60 points for practical interview evaluation (J), 80 points (K), 50 points (L), 90 points for personal interview evaluation (M), 87 points and 95 points.