The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months and by a fine of 6,00,000 won.

The above fine shall be imposed on the defendant.

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant was the first offender who has no criminal history; (c) the amount of money received by the Defendant; and (d) the Defendant’s age, sex and environment; (b) the motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant argument, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable; and (d) the Defendant’s above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 122, 129 (1) of the Criminal Act on the Selection of Punishment of Specific Crimes (the occupation of acceptance of bribe), Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of acceptance of bribe), and the choice of imprisonment (the punishment of a fine in accordance with Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the case of acceptance of bribe);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 134 of the Criminal Act and Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes;