Text
Defendant
The appeal filed by A and the appeal filed by the Prosecutor C and D are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant A (the penalty of KRW 50,000,000,000,000 for imprisonment for two years and six months, and a fine of KRW 50,000) is too unreasonable.
B. Each sentence of the lower court against the Defendant C and D of the Prosecutor (six months of suspended sentence of imprisonment) is too unhued and unreasonable.
2. Determination on the grounds for appeal
A. As to Defendant A’s assertion of unfair sentencing, there are no other criminal records except for those subject to punishment as a fine; Defendant A paid all the damages incurred from the fraudulent act of this case and recovered the damages; Defendant A returned the amount equivalent to the accepted amount to B, Q and T; Defendant A retired from the Korea Highway Corporation, which served for about 21 years on the ground of the instant fraud, etc.; Defendant A recognized his own criminal act and was in depth divided into two parts.
However, Defendant A’s crime of acceptance of bribe in this case is a crime that seriously undermines the public confidence in the fairness and integrity of the performance of duties by the Korea Highway Corporation which is a public corporation, and the total amount of acceptance of bribe is not specified as KRW 48,50,000,000,000,000,000,000,000,000,0000,0000,000,000,0000,000,0000,0000,000,0000,0000,0000,000,0000,000,0000,000,000,0000,000,000,000,000,000,000
B. As to the prosecutor’s assertion of unfair sentencing on Defendant C and D by the prosecutor, Defendant C does not have any other criminal records except for those punished by a fine, and Defendant D is the primary offender, and Defendant C and D are the primary offenders.