The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

(b).

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and six months of imprisonment, 1,207, 851, 400 won additionally imposed) is too unreasonable.

B. Defendant B (1) In the case of a title trust under contract by misunderstanding legal principles, since the title trustee acquired the ownership of the real estate held in title trust externally, Defendant B, the title truster, did not acquire the real estate of this case. Therefore, the said Defendant’s additional collection premised on the acquisition of the real estate of this case was erroneous in the misapprehension of legal principles. (2) The punishment sentenced by the lower court of unfair sentencing (hereinafter imprisonment 6 months, 517, 650,600 won) is too unreasonable.

2. Determination ex officio as to Defendant A’s violation of the Act on Prevention of Corruption and Establishment and Operation of Civil Rights Commission

A. On October 2012, Pyeongtaek-si I Team established a “promotion plan for a public parking lot development project” with the content of creating a public parking lot with a size of 60 vehicles on three parcels of urban planning park sites, such as 1,290 square meters before K, L, 1,472 square meters prior to L, and 10 square meters prior to M, in order to resolve the high-quality parking shortage of Pyeongtaek-si J-si in Seocho-si on the summary of this part of the facts charged. After conducting a survey on demand for parking, it was determined to implement the above promotion plan on the 19th day of the same month.

Such promotion plan for a public parking lot development project is a matter of significant interest that public offices are not exposed to the general public from an objective and general point of view due to significant influence on land price and accommodation duties if disclosed. The Defendant, as the director of the competent division of Pyeongtaek-si H, the department in charge of the above business, became aware of the above secrets while promoting the above project.

No public official shall use any confidential information learned in the course of performing his/her duties to obtain, or to have a third party obtain, goods or property gains.

Nevertheless, the defendant is promoting the above public parking lot development project as the head of Pyeongtaek-si Office.