The judgment below

The part against the Defendants is reversed.

Defendant

A A A shall be punished by a fine of two million won or more, and Defendant B shall be punished.

Summary of Grounds for Appeal

The sentence (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 5 million) declared by the court below is too unreasonable.

Judgment

The fact that the provision of money and valuables was made periodically for more than one year, and the amount is more than 100 million won, and the defendant B, as a supervisor of the stable team, was in a position to exercise considerable influence on the treatment of the players such as the selection of players, and the fact that the money and valuables are regularly received from his father without being involved and the nature of the crime is not good, is disadvantageous to the defendants.

However, in light of the fact that the Defendants were in a trial for the first time, and all of the crimes of this case were recognized, and the money and valuables received between the Defendants did not appear to have been associated with an illegal solicitation; Defendant A appears to have provided money and valuables in accordance with the management practices of the supporters’ association in the position of the head of the supporters’ association; Defendant A returned most of the money and valuables received by Defendant B; Defendant A was the primary offender; Defendant A was the first offender; Defendant B had no criminal record exceeding the fine; and all the sentencing conditions indicated in the argument of this case, including the Defendants’ age, character, and character, environment, etc., the sentence of the lower court is somewhat

The Defendants’ assertion of unreasonable sentencing is justified.

As the defendants' appeal is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered:

Inasmuch as the facts constituting an offense and the summary of evidence recognized by this court are the same as the corresponding column of the judgment below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 22(1) of the Act on the Prohibition of Improper Solicitation and Graft, Etc. (hereinafter “Improper Solicitation and Graft Act”) regarding criminal facts and Defendant A’s choice of punishment: