The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, two years of community service order to provide community service, 120 hours of collection, 30 million won of collection) is too uneased and unreasonable.

2. The Defendant, upon receiving 30 million won or more as a solicitation from employees, appears to have avoided control by a person who received information by actually transmitting control information to the donor, etc., and thus, damaged public trust in the Korea Petroleum Quality & Distribution Authority’s pseudo Petroleum control business, and the Defendant’s liability for such crime is heavy.

However, in full view of the following circumstances: (a) the Defendant did not actively demand money, but received money from the donor first; (b) the Defendant returned money to the donor; (c) the Defendant did not have any record of criminal punishment prior to the instant case; and (d) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the crime; and (c) all other circumstances constituting the conditions for sentencing, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unreasonable to the extent that it would be reversed.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.