Among them, the part of additional collection against Defendant A shall be reversed.

Defendant

A 12 million won shall be collected from A.

A. The lower court’s judgment that calculated the additional collection charge equally on the ground that: (a) the Defendants received the additional collection charge (Defendant A) from the Defendants as a criminal act indicated in the crime of the lower judgment, KRW 7 million, among KRW 25 million, belongs to Defendant A; and (b) the amount of KRW 18 million was individually reverted to Defendant B; and (c) thus, the lower judgment that calculated the additional collection charge equally

B. The sentencing of the lower court (Defendant A: 2 years of the suspended sentence of June, and Defendant B: 2 years of the suspended sentence of imprisonment of August) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of the additional collection, the purpose of Article 116 of the Act is to deprive the offender or a third party who received money, valuables, or other benefits and prevent them from holding illegal benefits. Thus, where such benefits accrue individually, the additional collection shall be made within the limit of such benefits. (See Supreme Court Decision 82Do1310, Jul. 27, 1982, etc.) According to the evidence of the lower court and the trial court, Defendant A received a request as stated in paragraph (1) of the lower judgment, in collusion with Defendant B, to make a cash transfer of KRW 10 million on November 28, 201, KRW 300,000,000,000,000 won on the day of receipt of money transfer from Defendant B to the account on November 30, 201, KRW 500,000,0000 on the day of receipt of money transfer from Defendant B to the account in cash.

3) The amount of KRW 7 million, out of the total amount of KRW 25 million, which the Defendants received as a crime under the criminal facts of the lower judgment, to Defendant A, and KRW 18 million, respectively, to Defendant B.