The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below on the defendant (a year of imprisonment, an additional collection of 50 million won) is too unreasonable.

2. We examine ex officio the part of the judgment of the court below concerning additional collection.

The purpose of this Act is to deprive a criminal or a third party of money, valuables, entertainment, or other benefits and prevent them from holding unjust profits. Thus, in a case where part of the money and valuables received by a public official as a bribe in connection with a solicitation is offered as a bribe in accordance with the purport of actually receiving money and other valuables, or are delivered to another intermediary, the benefit of the part is not actually attributable to the defendant, and the remaining money and valuables except for the part should be confiscated or collected additionally (see Supreme Court Decision 93Do1569, Dec. 28, 1993, etc.). Based on the above legal principles, the following facts acknowledged by evidence duly adopted and investigated by the court below and the court below, and the trial of the first instance, are consistent to the following purport from the investigation agency to the first instance court, namely, until the defendant was detained, the defendant can be informed of the 10th anniversary of the amount of money and valuables under his/her request for release from D, and the defendant can be informed to the 10th anniversary of his/her superior's request for release from D.

9. 16. The defendant stated to the effect that he delivered 17 million won to H before the Busan Shipping Daegu Punchlet, and the defendant also delivered the above 33 million won and 17 million won (the reasons why it was prepared).