Defendant 2’s appeal is dismissed.

In light of the records, the court below's measure that recognized the criminal facts under Article 2 of the Regulation of Administrative Affairs Act against Defendant 2 in the health care unit by reviewing all evidence cited by the original judgment is just, and there is no error of misunderstanding of legal principles and application of the law. Therefore, we cannot accept the argument for this reason.

Defendant 1’s ground of appeal is examined.

According to the reasoning of the judgment of the court below, among the facts charged against Defendant 1, the court below acknowledged the fact that the Defendant received 1,650,000 won from Nonindicted 2 several times before and after the so-called expense arrangement for the entertainment expenses for the public officials concerned under the above title after receiving the request from Nonindicted 1 for the approval of the change in the contents of the permission to carry in property, etc., and sentenced Defendant 1 to collect the above amount of KRW 1,650,000 from Defendant 1 in accordance with Article 5 of the Act on the Control of Administrative Affairs. Meanwhile, the court below determined that Defendant 1 delivered the above amount of KRW 1,650,00 as it is to Defendant 2. However, in case where Defendant 1 delivered the whole amount of money received from Defendant 1 to Defendant 2, the court below did not err by misapprehending the legal principles on the above money and valuables received from Defendant 1 under Article 581 of the Act or the above additional collection under Article 184 of the Act.

Therefore, Defendant 2’s appeal is dismissed as without merit. Defendant 1’s appeal is with merit, and the part on Defendant 1 among the original judgment is reversed and remanded to the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Young-young (Presiding Justice)