The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The defendant did not receive a bribe in relation to the Seoul H building and Seoul M building in the judgment of the court below, and the relevant uniform and official document were approved without knowing the false fact, and there was no intention to take an unjust disposition.

Nevertheless, the judgment of the court below which found the defendant guilty of the defendant's illegal ex post facto bribery is erroneous.

The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and a fine of four million won) is too unreasonable.

The 9 million won, which the defendant delivered to K among the 35 million won received from P in relation to the violation of the Attorney-at-Law Act in the judgment of the court below, shall not be deducted from the value to be collected by the defendant merely because it is an consumption based on the defendant's independent judgment.

Therefore, the court below erred by misapprehending the legal principles, which collected only KRW 26 million, even though the defendant should collect the total amount of KRW 35 million.

The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and a fine of four million won) is too uneasible and unfair.

Judgment

Before the judgment on the grounds for appeal ex officio, the Prosecutor changed the part of the existing facts charged to the Defendant’s crime related to the Seoul H building among the facts charged for the receipt of the bribery after the death of each of the illegal actions against the Defendant at the trial (see attached Form 1-B(b)) to the effect that “The Defendant received cash KRW 2 million from I among the facts charged for the receipt of the bribery after the death of each of the illegal actions against the Defendant. Accordingly, the Defendant received the bribe after receiving cash KRW 2 million from the J in the course of performing his/her duties.” In other words, the Prosecutor changed to the effect that “the Defendant received the bribe after receiving cash from the J, received the bribe in the course of performing his/her duties, and received the bribe after committing any of the unlawful actions in the course of his/her duties.”