The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles 1) While the legal principles of the continuous crime among the single single crime are limited to the academic concept without any legal basis, the interpretation that the "amount received" under each subparagraph of Article 5 (4) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "Act on the Aggravated Punishment, etc. of Specific Economic Crimes") includes the "amount received" as a single crime, which includes the "total sum of the amount received as a result of the crime of receiving each money and valuables" goes against the legal principles of the crime.

2) Articles 5(1) and 5(4) of the Specific Economic Crimes Act (hereinafter “the Specific Economic Crimes Act”) impose on the executives and employees of financial institutions the same duty of integrity as the public officials, and reflects the principle of equality, and indirectly prevent risks to the national economy by protecting the interests of financial institutions, which are private enterprises, by the aggravated regulation, there is no means to be low efficiency in the achievement of the protection of legal interests, and uniformly punish all employees of financial institutions who do not have the authority to decide on duties or major duties related to credit grant in accordance with the amount of receipt. The uniform punishment is contrary to the principle of equality, and it is contrary to the principle of proportionality of punishment to impose the punishment heavier than the minimum statutory penalty for murder if the amount received is more than 50 million won.

B. The punishment sentenced by the lower court (the imprisonment of 5 years, the fine of 450 million won) is too unreasonable.

2. Determination

A. Judgment on the assertion of misapprehension of the legal principle 1) In a case where an executive officer or employee of a financial institution who received money or valuables on several occasions in relation to his/her duties, he/she shall be deemed to have received money or valuables on a single and continuous basis for a certain period under the criminal intent, and in a case where the benefit and interest of damage are identical, each crime shall be deemed to be a single crime (see, e.g., Supreme Court Decision 2000Do1155, Jun. 27, 2000). Meanwhile, the phrase “when the amount received is 10 million won or more” under Article 5(4)1 of the Act on the Specific Economic Crimes.