The part against the Defendants is reversed.

Defendant

A Imprisonment for two years, and Defendant B for one year.

A. When considering the fact that Defendant A made a confession of all the crimes of this case, the nature of the crime of this case, and the circumstances in full payment of the surcharge, etc., the sentence imposed by the court below (the imprisonment of three years, additional collection of KRW 160 million) on Defendant A is too unreasonable (the defendant A and the defense counsel withdrawn the allegation of mistake and misapprehension of the legal principles regarding the remaining facts except for the unfair argument at the third trial date of the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the party). B. Considering that Defendant B’s confession of all the crimes in the trial at the trial at the party, it is against himself, not an essential contribution to the crime, and that the actual gains are relatively small, the sentence imposed by the court below (one year) is too unreasonable.

2. Determination

가. 피고인 A 피고인 A은 분양 대행업자로서 속칭 ‘ 떴다 방 업자’ 등과 짜고 부정한 방법으로 43채의 아파트를 공급 받고, 그 과정에서 부정한 청탁의 대가로 2억 3,000만 원을 받거나 부정한 청탁 명목으로 8,200만 원 상당의 금품을 제공하였다.

The crime of this case was planned and organized, and thereby the fair and efficient supply of multi-family housing was hindered, and also the quality of the crime is very bad in that the order of the housing market is disturbed.

In addition, since Defendant A played a leading role in the instant crime, and the gain amount illegally acquired is considered to be considerable, it is necessary to punish the Defendant A with severe punishment.

However, if Defendant A recognizes all mistakes in the trial, and paid the full amount of the surcharge; the money received in return for an illegal solicitation by Defendant A also takes the character of distributing profits among the accomplices who carried out so-called so-called “satisf work”; the extent of the victim of the crime of taking property in breach of trust wishes to take the Defendant’s wife against Defendant A; Defendant A has no record of criminal punishment; and Defendant A’s age, gender, etc.