1. The part of the judgment of the court below against the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3.Provided, That.

1. The lower court found the Defendant guilty of all the charges of this case, and sentenced the Defendant to KRW 26,150,000, both one year and six months of imprisonment and additional collection.

② Accordingly, the Defendant appealed on the ground of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, and the judgment of the lower court prior to the reversal and return was reversed on the ground that the concurrent imposition of fines under Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes was omitted, and the lower court reversed the lower judgment and sentenced the Defendant to KRW 26,150,000 for one year and six months and a fine of 50,000,000,

③ Accordingly, the Defendant appealed, and the Supreme Court reversed the part of the above judgment on the Defendant on the ground that the judgment prior to the reversal and return, which imposed a fine not sentenced in the original judgment, violates the principle of prohibition of disadvantageous change under Article 368 of the Criminal Procedure Act.

④ After the reversal and return, the Defendant withdrawn the assertion of misunderstanding of facts and of misunderstanding of legal principles.

2. The decision of the court below on the summary of the reasons for appeal (one year and six months of imprisonment and additional collection of 26,150,000 won) is too unreasonable.

3. In light of the fact that the amount of the bribe received by the Defendant reaches approximately KRW 26 million in total, the fairness and influence of the partnership’s business execution due to the Defendant’s crime, and the fact that the Defendant had previously been sentenced to punishment due to the charge of forging public documents, etc., is disadvantageous to the Defendant.

However, in a case where the judgment of the court of final appeal is reversed by the defendant's final appeal and the case is remanded to the appellate court, the principle of prohibition of disadvantageous change is applied to the relationship with the judgment of the court below prior to the remand and the sentence cannot be imposed more severe than the reversed judgment (see, e.g., Supreme Court Decision 2005Do8607, May 26, 2006). The defendant's mistake recognized and seriously reflects the defendant's fault, and the defendant's legal fiction under Article 4 of the Act on the Aggravated Punishment