A defendant shall be punished by imprisonment for not less than one year and six months.

60 million won shall be additionally collected from the defendant.

The sentence of the court below against the defendant (two years of imprisonment, additional collection of 60 million won) is too unreasonable.

Judgment

The crime of this case is committed by the Defendant, a senior supervisor of the D University, who received large amounts of money in return for illegal solicitation in relation to the selection of sports speciality students, while serving as a kind of official seal in our society (education and sports community). It is an unfavorable circumstance that a strict punishment should be imposed as an act that greatly undermines the fairness of the work regarding the selection of sports speciality students at the D University, and that such act seriously undermines the general public’s trust in society.

However, in light of the fact that the defendant led to the crime of this case, the amount of KRW 70 million received by the defendant in relation to the J player was returned before the investigation of this case was commenced, the amount of KRW 60 million received in relation to the E player appears to have been disbursed for the operation of the Campbu, the defendant's commencement of investigation of the crime of this case is deemed to have been considerable mental suffering, such as the loss of a person who has returned his life and the marriage of his children, and the fact that the defendant contributed to the development of the Ybu System in Korea, the sentence of the court below is unfair, considering all sentencing factors shown in the argument of this case, such as the defendant's age, character and behavior, family environment, etc.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the defendant's appeal is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the grounds for appeal are reasonable, and it is again decided as follows.

Since the facts of crime and the summary of evidence are the same as each corresponding column of the original judgment, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 357 (3) of the Criminal Act for collection of penalty surcharges;