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(영문) 부산고등법원 2013.12.12 2013노442
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of Defendant A’s instant case, the sentence imposed by the lower court (two years of imprisonment and three years of suspended execution) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the prosecutor, the sentence imposed by the lower court on the Defendants (two years of imprisonment with prison labor for Defendant A, three years of suspended execution, three years of imprisonment with prison labor for Defendant B, C, and D, one year and six months of suspended execution, two years of suspended execution) is deemed too unflu

2. Determination

A. The sentencing factor unfavorable to Defendant A is that, due to the crime of obstruction of the performance of official duties by fraudulent means, it appears that the donation related to the approval of the I Apartment Project would have led to impossible performance, and the amount of breach of trust in this case reaches KRW 1,837,210,000.

Defendant

As a favorable sentencing factor to A, G, a victim of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, seems to be one company operating the above defendant, and the above defendant did not gain personal benefits from the crime. The above defendant was committed as a crime of offering of bribe at the request of co-defendant B, and the degree of participation is minor, and the above defendant did not have the same criminal records and has no record of being punished more than the qualification suspension.

In full view of the above factors of sentencing and other factors of sentencing as indicated in the argument of this case, including Defendant A’s age, character and conduct, health status, and family relation, it is not recognized that the sentence imposed by the court below against the above defendant is deemed appropriate and is too heavy or unreasonable.

Therefore, the defendant A and prosecutor's argument of unfair sentencing is without merit.

B. Examining the various sentencing conditions in the instant case, there are extenuating circumstances against Defendant B, including the fact that the instant embezzlement amount reaches KRW 600 million, and that the instant offering of bribe amounting to KRW 20 million, which are disadvantageous to Defendant B.

However, Defendant B is the case.

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