The sentence against the accused shall be determined by one year and six months of imprisonment.

except that this judgment.

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The criminal defendant's acceptance of large amount of money and valuables amounting to KRW 450 million from the contractor's illegal solicitation, and the acceptance of rebates is a big obstacle to establishing fair market economy order, so it is highly necessary to punish it. The criminal defendant's manipulation of relevant evidence to conceal the crime in the investigation process, etc. are disadvantageous sentencing factors.

However, at the latest, the defendant recognized his mistake as a whole for a period of two months, and reflected his mistake in depth through confinement life for the defendant, there was no criminal conviction for the same defendant, and there was no criminal conviction exceeding the fine prior to the crime of this case, the defendant's active demand did not occur, and the contract for construction was concluded between the defendant and the defendant and the corporation K where the defendant operated. At the time of the crime of this case, it seems that the perception of illegality of the defendant was not significant. The defendant was presumed that at the time of the crime of this case, the defendant contributed 450 million won equivalent to the amount that the defendant received at the time when he is the victim, as the development fund. The defendant donated the full amount expected by the defendant to pay the surcharge to a third party and entrusted the payment of the surcharge, the defendant's social ties relationship is clear, and the defendant's wife is more favorable to the case in which the crime of this case has become final and the latter part of Article 37 of the Criminal Act should be considered at the same time.

In addition, the circumstances of the crime of this case, circumstances after the crime, age, character and conduct, environment, etc. of the defendant are shown in the argument of this case.