A. According to the evidence of the misunderstanding of facts, although the Defendant was found to have delivered KRW 10 million to the O, the lower court erred by misapprehending the facts, thereby having collected KRW 10 million from the Defendant.

(2) The sentence of the lower court (one year of imprisonment with prison labor, one year of suspended execution, and additional collection) is too unreasonable.

B. Defendant C (unfair sentencing)’s punishment (2 million won) by the lower court is too unreasonable.

2. Determination

A. The defendant alleged the same purport in the judgment of the court below as to the defendant B's assertion of mistake, and the court below rejected the above assertion by giving a detailed statement in the column of "the judgment of the defendant B and the defense counsel's assertion". In light of the evidence and records duly adopted and examined in the court below's above judgment, the court below's determination is just and acceptable, and there is an error of law of misunderstanding of facts as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

B. As to the Defendants’ wrongful assertion of sentencing, the Defendants recognized the instant crime and reflects the mistake thereof in depth, the Defendants did not have any record of criminal punishment for the same crime before, and the victims A did not want the punishment of Defendant C, etc. are favorable to the Defendants.

On the other hand, the crime of this case was committed by Defendant B while receiving KRW 10 million from A while being aware that Defendant B would give it as a bribe, and Defendant C would like to clarify the corruption during the employment process of MF employees, and the crime was not less than that of giving cash 2 million to the injured party. The crime of bribery is an offense of significantly impairing the public official’s non-purchase performance and the social trust thereof. Defendant B is punished.