Defendant

All appeals filed by A, D, and F and prosecutor Defendant A, B, C, D, E, and G are dismissed.

1. Summary of grounds for appeal;

(a) Each sentence of the lower court (as to Defendant A: imprisonment of one year and six months, probationary three years, additional collection of KRW 33,500,000, Defendant B: imprisonment of eight months, suspension of execution of sentence of two years, additional collection of KRW 9,175,00, community service work 120 hours, Defendant C: imprisonment of six months, suspension of execution of two years, additional collection of KRW 5,00,000, community service work 80 hours, Defendant D: imprisonment of ten months, suspension of execution of two years, suspension of execution of two years, Defendant E: imprisonment of one year, suspension of execution of two years, community service 120 hours, Defendant G: fine of KRW 4,00,00).

B. Defendant A1) misunderstanding of facts or misunderstanding of legal principles received KRW 25 million from the Defendant E on July 4, 2007 as stated in the facts charged, but this is unfair because the Defendant received the above KRW 25 million from the said reporter at the request of the said reporter at the time of receiving money from the construction company. The Defendant and the said reporter are co-offenders of the crime of bribery, and the said KRW 25 million should be collected from the said reporter. However, the lower court erred by misapprehending the fact that the collection was made by the Defendant, or by misapprehending the legal principles. 2) In so doing, the lower court’s punishment is excessively unreasonable.

C. The respective sentences of the lower court (Defendant F: Imprisonment with prison labor for 8 months and 2 years of suspended sentence) are too unreasonable.

2. Determination

A. As to Defendant A’s assertion of mistake of facts or misapprehension of legal principles, the purpose of necessary confiscation or collection under Article 134 of the Criminal Act lies in: (a) deprived of the pertinent property acquired by the offender from the offender; and (b) preventing the offender from possessing unjust profits; and (c) even if the Defendant granted all or part of the bribe received to another person, it is not only a method of consuming the bribe received; and (d) as long as the granting to another person was not done by the instructions of the person who provided the bribe.