(영문) 부산고등법원 2017.10.19 2017노458 | 리걸엔진

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(영문) 부산고등법원 2017.10.19 2017노458

특정경제범죄가중처벌등에관한법률위반(수재등)

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Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was guilty of the facts charged on the ground that Defendant 1’s misunderstanding of facts constitutes KRW 10 million by concluding that the amount received under the name of Defendant 1 was KRW 20 million, on the grounds as stated in its reasoning, based on the following reasoning: (a) the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court to the Defendant (a fine of 10 months, a fine of 40 million won, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. On the basis of the evidence presented in its holding and the circumstances indicated in its holding, the lower court, based on the Defendant’s assertion of mistake as to the Defendant’s facts, accepted KRW 20 million from F through D in the name of the loan honorarium as stated in the instant facts charged.

In view of the facts charged of this case, the judgment of conviction was rendered.

Examining such judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is an error of law as alleged by the defendant.

As such, this part of the Defendant’s assertion is without merit (in particular, D does not reverse the previous attitude that it delivered KRW 20 million to the Defendant under the name of a loan honorarium while submitting a written application to the effect that it would disrupt the Defendant’s preference after the conclusion of the trial proceedings at the court below). B. As to the unfair argument of sentencing, various circumstances unfavorable to the Defendant during the trial proceedings at the court below and the trial proceedings at the court below (the crime of this case committed by the Defendant) (the crime of this case was committed by the Defendant) are in charge of C’s credit and financial affairs due to the same circumstance as the criminal facts stated in the judgment of the court below, which led F to a loan of KRW 1 billion.

유사 판례

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-울산지방법원 2012.07.06 2012고합56

-부산고등법원 2015.12.10 2015노386