(영문) 서울고등법원 2017.11.29 2017노1500 | 리걸엔진

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(영문) 서울고등법원 2017.11.29 2017노1500

특정경제범죄가중처벌등에관한법률위반(알선수재)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserted misunderstanding of the legal principles as to the amount of additional collection, but the prosecutor withdrawn the above argument at the third trial date ( November 29, 2017), and maintained only the unfair argument for sentencing on the grounds of appeal.

The sentence of the lower court (eight months of imprisonment, five million won of a surcharge) is too unhued and unreasonable.

2. The crime of this case is that the defendant received money under the pretext of arranging a bank loan to a business operator in need of funds, and such crime is committed without being aware of the fact that the executive officers or employees of a financial institution under the pretext of causing damage to social confidence in the purchase of the fair performance of duties performed by the executive officers or employees of the financial institution and disturbing the financial order, and that the crime of this case is not less than 20 million won, and that the amount received is not less than 20 million won, and that there is poor quality of the crime such as causing the preparation of a false contract in the course of receiving the loan, and that the defendant was punished for the suspension of execution due to the same crime in around 197.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, that the donor returned the full amount of KRW 20 million to the donor after the commencement of the investigation, that the defendant is old, and that there is no record of punishment as punishment.

In full view of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, all of the sentencing conditions shown in the records and arguments, including the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case (from April to October), the lower court’s sentence against the Defendant is too uneasible and unreasonable.

The prosecutor's improper argument in sentencing is without merit.

3. In conclusion, the Prosecutor’s appeal is without merit, and thus, the Criminal Procedure Act is applicable.

유사 판례

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