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(영문) 서울고등법원 2015.04.09 2014노3877
배임수재
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The sentence of imprisonment with prison labor for not more than 10 months and additional collection of 150 million won on Defendant A and the sentence of the original court on Defendant B (one million won with prison labor for not less than six months) is too unreasonable.

2. Determination

A. Defendant A1) The confession of all of the instant crimes and the Defendant appears to not have been engaged in illegal business operations, and the Defendant was sentenced to a two-year sentence of imprisonment with labor for the crime similar to the instant criminal facts, and at the same time, considered equity with the case that he was tried at the same time is favorable to the Defendant. In addition, the Defendant submitted a written application to the effect that he returned KRW 90 million out of KRW 150 million received from G and that G was not subject to punishment against the Defendant. However, the Defendant is the chairman of the committee for the promotion of the establishment of the Housing Redevelopment Project that requires high level of integrity in the performance of his duties, which is the chairman of the committee for the promotion of the establishment of the Housing Redevelopment Project that requires high level of integrity in the performance of his duties, and remarkably damaged the public nature and fairness in the performance of duties of the chairperson of the committee for the promotion of housing redevelopment project, and the contents of the solicitation are highly related to the duties of the chairperson, and the amount of money and valuables received by the chairperson.

3) In full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, and motive for committing a crime, the Defendant’s assertion of unfair sentencing is not reasonable, since the sentence imposed by the lower court is too unreasonable. However, the Defendant’s assertion of unfair sentencing is without merit. (B) Defendant B (1) made a confession of all the instant crime while committing the instant crime, and the Defendant also intended to demand the removal construction in the housing redevelopment project.

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