The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 10,000,000.

The above fine is imposed against the Defendants.

1. Summary of grounds for appeal;

A. Defendant A’s return of KRW 20 million to the Defendant cannot be deemed as having returned the bribe itself, and thus, it does not have to be additionally collected from the Defendant. Nevertheless, the lower court ordering the Defendant to collect additional collection of KRW 20 million, which erred by misapprehending the legal principles on additional collection, thereby adversely affecting the conclusion of the judgment. 2) The sentence of imprisonment (one million won of fine) imposed by the lower court by the Defendant is too unreasonable.

B. The sentence imposed by the court below on the Defendants (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment of the court below on the part of additional collection in relation to the part of the judgment of the court below is examined as to Defendant B, and as to Defendant A, ex officio.

Confiscation or additional collection in the crime of bribery under the Criminal Code is necessary confiscation or additional collection, and if the requirements are met, confiscation or additional collection must be levied.

(Article 134 of the Criminal Act). In addition, if a person who received a bribe has returned it to the donor, it shall not be collected from the consignee unless it is necessary to confiscate or collect the money from the receiver.

However, the receiver returned the same amount to the receiver.

Even if this is not considered to be a return of the bribe itself, the amount of the bribe shall be collected from the consignee.

(See Supreme Court Decisions 83Do2783, Feb. 28, 1984; 85Do1350, Sept. 10, 1985). According to the evidence duly adopted and examined by the lower court, such as the details of the deposit account in the Defendant’s name, etc., (i) Defendant B remitted KRW 20 million to Defendant A for the purpose of committing a bribe on June 17, 2013; (ii) even if the said money was deposited in the account, the money was immediately withdrawn from the said account; and (iii) the money used for the check was automatically transferred.