The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, one year of suspended execution, and forty hours of social service) is too unreasonable.

2. Illegal solicitation and receipt of money associated with the judgment affairs are sick injury that must be eradicated as soon as possible in our society, and there is a need for strict punishment if such crime is revealed. The defendant's period of giving money under the pretext of illegal solicitation is about 7 years, and the total amount is recognized as about 38 million won, but the defendant confessions and reflects criminal facts, and the defendant is not actively offering money, but giving money at the request of the other party in superior business status. The monthly amount is not the large amount of money. The amount of money paid for the company is not a large amount of money. The act for the company did not take personal benefits of the defendant, the defendant was not in the possession of the company or the representative director's position, the first offender is not in the position of the defendant, there are other circumstances considering the defendant's health condition, and the records and the sentencing conditions of this case, such as the defendant's age, environment, character and conduct, the process and motive leading to the crime in this case, and the circumstances before and after the crime, are considered as inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 357 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 357 (2) of the Criminal Act concerning the selection of a fine;

2. Articles 70(1) and 69(2)3.