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(영문) 서울고등법원 2019.07.18 2019노443
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

The judgment below

Among the parts collected from Defendant B, 35,000,000 won and those against Defendant C, respectively.

Reasons

Summary of Grounds for Appeal

The Prosecutor’s grounds for appeal consistently stated to the effect that Defendant C participated in the crime of this case’s brokerage and acceptance, and that it is difficult to deem the credibility of the above statement, Defendant C was given KRW 50 million to Defendant C, and that text messages sent to Defendant C on December 23, 2016 corresponds to the above statement, and F is in full view of the fact that Defendant C was determined as an accomplice and accomplice at the time of consultation on arrangement of loans on October 12, 2016, and the name of Defendant C was written in collusion with Defendant C and B. In full view of the following, Defendant C participated in the crime of this case’s brokerage and acceptance.

Nevertheless, the lower court that acquitted Defendant C on the ground that there was no proof of a crime regarding the receipt of good offices in the instant case.

Defendant

With respect to A, B, and D, the punishment imposed by the court below against the above Defendants (the penalty of KRW 1.6 months, KRW 110 million, KRW 10 million, KRW 10 million, KRW 35 million, and KRW 6 months, KRW 2 years, KRW 14,505,00, and KRW 1.6 months, KRW 2 years, KRW 14,00,00) are too uneased and unreasonable.

Defendant

A's grounds for appeal (unfair form of punishment) The sentence imposed by the court below on the above defendant is too unreasonable.

Defendant

B Inasmuch as the misapprehension of the legal principle as to the amount of additional collection in the grounds for appeal by Defendant B, as the amount of KRW 18 million, paid to Defendant B, is characterized by the consideration that C introduced to E Co., Ltd. (hereinafter “E”), and this is not attributable to Defendant B’s interest in the expenses incidental to and anticipated to commit the instant brokerage and acceptance crime, it should be excluded from the amount of additional collection by Defendant B.

The sentence imposed by the court below on the above defendant is too unreasonable.

Judgment

The prosecutor's defendant C (hereinafter referred to as "defendants") in the relevant item.

The same shall apply to another defendant.

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