The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

168,000,000 won shall be additionally collected from the defendant.

1. The sentencing of the first instance court (the amount to be collected in 1 year, 168,00,000 won) on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendant, at the request of the investigative agency, would end up the case in which D had been investigated; and (b) the Defendant received totaling KRW 168,00,000 for about six months from D and E, the Defendant’s wife, for totaling KRW 168,00,000 for six months; and (c) the Defendant’s liability for the

However, after the decision of the first instance court, the defendant paid KRW 20 million to D and E and agreed smoothly with D and E, and the crime of this case is in a concurrent relationship between fraud, etc. finalized on April 8, 2010 and the crime of this case under the latter part of Article 37 of the Criminal Act and the crime of this case should be considered at the same time with the above crime of fraud, etc., taking into account various circumstances that form the conditions of sentencing specified in this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, etc., the sentence imposed by the first instance court against the defendant is somewhat inappropriate, and the defendant's above assertion is reasonable.

3. If so, the defendant's appeal is reasonable, and thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court, and the summary of the evidence, are as stated in each corresponding part of the judgment of the court of the first instance, except for adding "as described in the list of crimes," between "not later than April 10, 200 and 26 installments" in the second and seventh of the judgment of the court of the first instance, since it is identical to each corresponding part of the judgment of the court of the first instance, it shall be quoted as it is in accordance

Application of Statutes

1. Article 111(1) of the Attorney-at-Law Act applicable to the facts constituting an offense and Article 111(1) of the Act on the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 116 of the Attorney-at-Law Act;