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(영문) 대구지방법원 2013.07.25 2013노285
배임수재
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (one year of imprisonment and additional collection of 80 million won) is too unreasonable.

2. The Defendant, rather than actively demanding F with respect to money and valuables, may take account of the circumstances leading up to the instant crime in the F’s active and systematic course.

The defendant recognizes a mistake and seriously reflects the defendant, and there is no record of criminal punishment.

Until the instant case, the Defendant faithfully conducted research as university professors and achieved the results in the major field, and the Defendant was dismissed from the professor of C University as of June 1, 2013.

People around the defendant want to take a preference, and the defendant is also a family member to support the defendant.

These points are favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant, who is obliged to fairly deliberate on the evaluation of the government-funded public corporation tender companies, received 80 million won from the employees of the company in exchange for an illegal solicitation, and the crime is likely to be crypted and criticized.

Since illegal practices in the tendering process for government-funded construction projects, such as the instant case, are eventually caused by poor construction works, degradation in technology competitiveness, etc., and social harm is high, there is a strict need to punish them to eradicate them.

In addition, the Defendant received a considerable amount through the instant case.

These points are disadvantageous to the defendant.

In full view of the above circumstances, such as the character, conduct, environment, and career of the defendant, the punishment imposed by the court below against the defendant cannot be deemed unfair because it is too unreasonable. Thus, the above argument by the defendant is without merit.

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

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