The judgment below

The part against the Defendants is reversed.

Defendant

B Imprisonment with prison labor of one and half years, and Defendant C.

1. Summary of grounds for appeal;

A. Defendant B 1 received KRW 45 million from Defendant C, and returned KRW 25 million, among which the Defendant received KRW 45 million from Defendant C, and again received KRW 1 million from N independently. As such, only KRW 21 million should be additionally collected against the Defendant. Even if the Defendant jointly received KRW 50 million from K, such as the lower court’s findings of fact, if the Defendant jointly received KRW 50 million from K, the amount to be additionally collected from the Defendant is KRW 25 million, and the amount to be collected from the Defendant including KRW 1 million that the Defendant received from N solely, including KRW 26 million. Nevertheless, the lower court erred by misapprehending the fact that the lower court sentenced the Defendant to additionally collect KRW 39 million from the Defendant, and thus, it was unreasonable to impose an unfair sentencing penalty against the Defendant (an unfair sentencing penalty of KRW 20 million).

B. Defendant C1) In fact-finding Defendant 1: (a) even though the actual amount distributed to the Defendant was 17.9 million won out of the amount received by Defendant 2 jointly or separately from K (i.e., KRW 50 million) by mistake of facts, the lower court’s decision to additionally collect KRW 21.1 million from the Defendant was unlawful as it was erroneous. (b) The lower court’s sentencing (i.e., imprisonment for 1 year and 6 months, additional collection charges 20 million) on the Defendant of unfair sentencing was too unreasonable.

2. Judgment on the defendants' assertion of mistake of facts

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court, the following facts are recognized.

K, a sports center specializing in the rehabilitation movement of the camping players, was operating the U Fitice Center from May 2009 to June, 2009, after receiving a request from V to enter the O Camp which was the third grade camping players of L High School, and the judgment of the court below, which was the supervisor of J High School, who was aware of it, was the co-defendant A of M.