(a) The case in which part of the amount of the accepted bribery was collected from the returned person even though it was returned after it was accepted and returned to the criminal investigation; and

B. The case where the above confiscated money was collected without deducting the amount of the accepted money from the accepted money

C. The lower court’s decision is more likely to further sentence confiscation than the first instance court’s sentence and no disadvantage change

If a consignee has returned the amount of the accepted bribery to the accepter, the consignee shall not collect it from the accepter, and shall collect it from the accepter.

Article 134 of the Criminal Act, Article 368 of the Criminal Procedure Act

Defendant

Jeonju area in the first instance, Jeonju area in the second instance, etc.

According to the records, the defendant's acceptance of 3378 million won from non-public prosecutions, but was discovered, and the defendant was investigated from defendant 1's co-defendant 1 of the original judgment, and the court below's co-defendant 1 of the original judgment accepted 80,000 won from co-defendant 1 of the original judgment, but due to this case, co-defendant 1 of the original judgment returned 80,000 won to the defendant, which was confiscated as evidence Nos. 2 through 4 of the original judgment, and according to the original judgment, it can be recognized that the court below had collected 80,000 won from co-defendant 1 of the original judgment which had already returned 80,000 won from the original judgment to the defendant, and it is reasonable to confiscate 80,000 won from the original judgment without deducting it from the amount of the accepted money to the lender, and it is reasonable to confiscate it from 00,000 won to the original judgment which had already been returned to the defendant from the original judgment.

Justices Lee Woo-won (Presiding Justice)