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All appeals by the Defendants are dismissed.
Reasons
1. The sentence of the lower court against the Defendants on the summary of the reasons for appeal (Defendant A: imprisonment of one year and four months, and fine of forty thousand won, additional collection of KRW 43,300,000, and additional collection of KRW 43,300,000, Defendant B: Imprisonment of eight months and fine of KRW 20,000,000, additional collection of KRW 17,000) is too unreasonable.
2. Determination
A. As to Defendant A’s assertion of unfair sentencing, Defendant A’s assertion of sentencing is against his own mistake by making a confession of all of the crimes of this case.
However, considering all of the sentencing conditions in the records and arguments of this case including the following facts: (a) the above defendant has repeatedly received bribe from many companies closely related to his duties for a long period exceeding four years, and (b) the amount of bribe received by the defendant A reaches a considerable amount; (c) the above defendant appears to have actively demanded the payment of money on the grounds of technical transfer; and (d) the social trust in the fairness of business has been significantly damaged due to such criminal acts; and (e) the circumstances leading up to each of the crimes of this case, including the background of the crime of this case, the age and environment of the defendant A, etc.; and (e) all of the sentencing conditions in the records and arguments of this case including the records and arguments of this case, the sentence against the above defendant is too too unreasonable. Therefore
B. Defendant B’s judgment on Defendant B’s wrongful assertion of sentencing is an initial crime without any history of crime, and the fact that Defendant B’s mistake is closely against one’s own mistake is favorable.
However, considering all of the circumstances of sentencing as shown in the records and arguments of this case including the fact that the above defendant actively demanded a bribe by taking advantage of the situation in which a female woman is faced, and the amount of the bribe received by the above defendant is not significant, the court below's punishment against the defendant B is too unreasonable, and thus, the above defendant's improper assertion of sentencing is without merit.
3. Conclusion.