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(영문) 부산고등법원 2017.11.09 2017노461
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment imposed by the court below (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable and unfair (in particular, additional collection and community service order should be revoked). 2. The court below decided on the following grounds: (a) the circumstances favorable to the defendant, which were shown in the proceedings of the court below and the trial at the court below (the defendant confessions all of the crimes of this case from the prosecution to the trial at the court below, and reflects his mistake in depth.

The facts stated in the judgment below, D wanting to take a preference against the defendant, and each of the crimes of this case committed by the defendant are concurrent crimes with each of the crimes listed in the first head of the crime as stated in the judgment of the court below, and since the crime of this case committed by the defendant is concurrent crimes after Article 37 of the Criminal Act, it shall be considered at the same time in accordance with Article 39 (1) of the Criminal Act) and the circumstances unfavorable to the defendant (each of the crimes of this case committed by the defendant is so-called "loaner" as stated in the judgment of the court below, and as the defendant acts as so-called "loaner," the defendant mediates loans to D, and receives 29 million won in total from D with the loan intermediary fees. In light of the circumstances and contents of the crime, means and methods, and results of the crime, the amount of profits acquired, the nature of the crime of the defendant's punishment for the same kind of crime, each of the crime of this case committed by the defendant does not seem to be less likely to violate the public trust in the performance of duties of officers and employees of financial institutions.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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