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(영문) 서울고등법원 2013.06.14 2012노2500
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

529,070,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment of six years and fine of two hundred million won, additional collection of KRW 862,470,000) declared by the court below is too heavy.

2. Ex officio judgment [the Amendments to Bill of Amendment to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] prior to the judgment of the defendant on the grounds of appeal against the above defendant, the prosecutor, on the fifth trial day of this court, applied for the amendment to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) as "violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)", "Article 5 (1) and (4) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment

However, since the court below imposed a single punishment by putting the charges of Amendments to Bill of Indictment and the remaining charges as concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be reversed in its entirety.

【Revised Indictment】

1. Around November 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) related to the acquisition of the company bonds knew that the F Co., Ltd. (the “F”) plans to issue the company bonds in order to raise the company funds, and promoted the issuance of the above company bonds under the supervision of F Finance G and the head of the finance team H, or D, to which the Defendant belongs, but in addition, the Defendant agreed to have the employees and employees of the financial institution make a decision on the investment and arrange for the acquisition of the company bonds by using the physical color of the financial institution that has acquired the above company bonds, and in addition, the Defendant

Accordingly, the defendant is a financial institution's Telecommunication Fund Book.

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