A. The lower court’s punishment against Defendant A (unfair sentencing) is too unreasonable (an additional collection of KRW 20 million, which is KRW 20 million, by imprisonment with prison labor for a year and two months, KRW 40 million, and KRW 20 million).

B. Defendant B (unfair sentencing)’s punishment against Defendant B (an additional collection of KRW 20 million with prison labor for August, 200) is too unreasonable.

2. Determination

A. As to the Defendant A’s unfair assertion of sentencing, Defendant A recognized his criminal act and against the mistake, and Defendant A was an initial offender who has no record of criminal punishment, etc. are favorable to Defendant A.

On the other hand, Defendant A’s crime is a normal situation unfavorable to Defendant A, for the following reasons: (a) having received a bribe of KRW 20 million from a construction business operator having high business relations with his duties as a public official; (b) having delivered KRW 20 million to Defendant B, who is a type of the F market, to induce illegal promotion; (c) having not been responsible for such crime; and (d) having not received a bribe amount (20 million won) and the amount of the bribe amount (20 million won) delivered by Defendant A.

Considering the above circumstances and various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment against Defendant A is deemed to be appropriate as a punishment within the scope of the discretion for sentencing.

Therefore, Defendant A’s assertion is without merit.

B. As to Defendant B’s wrongful assertion of sentencing, Defendant B recognized his criminal act and reflecteds his wrongness, and Defendant B did not have any record of being punished for the same kind of crime, etc. are favorable circumstances to Defendant B.

On the other hand, Defendant B’s crime is that it receives KRW 20 million for the solicitation of illegal promotion, and the liability for the crime cannot be less than that of the crime, and that the amount of the bribe received by Defendant B ( KRW 20 million) is not less than that of the bribe received by Defendant B, which is disadvantageous to Defendant B.

The above circumstances and the character and conduct of Defendant B, the environment, and the motive for the crime.