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The remainder of the judgment of the court of first instance, excluding the compensation order, shall be reversed.
Defendant 7 years of imprisonment and fine 500.
Reasons
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (seven years of imprisonment, etc.) shall be too unreasonable;
2. Ex officio determination
A. Article 2(2) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter the same) and Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provide that “any person who commits a crime prescribed in Article 129, 130 or 132 of the Criminal Act shall be concurrently punished by a fine not less than twice but not more than five times the amount of the accepted bribery in the punishment prescribed for the crime (including the case of paragraph (1)).” According to the criminal facts of the first instance judgment, the highest of the Defendant’s accepted bribery amount is limited to the amount of the received bribery amount which is 95,00,000 won and which is the basis for the calculation of fines, which is the basis for the imposition of fines, after December 26, 2008, the amount of fines to be imposed in this case is the remainder of the violation of the Act on the Aggravated Punishment, etc. of Bribery (Bribery).
The upper limit of the fine that can be imposed concurrently on the accused pursuant to the above concurrent provisions is 475,00,000 won (=95,000,000 x 5) which is the amount of aggravated fines for concurrent crimes against the violation of the Act on the AX on the AX-related AX-related AX-related Act (i.e., 712,50,000 won).
Nevertheless, the first instance court concurrently imposed a fine of KRW 1,30,000 in excess of the above upper limit on the defendant, and determined a fine of KRW 664,610,000 in total (total amount of KRW 664,610,00) by mistake.
In addition, according to Article 69(2) of the Criminal Act, the period of attracting a penalty in the event that a fine is not paid shall not exceed three years, but the period of attracting a penalty in the event that a fine is imposed and a person is confined to a penalty in exchange (2,660 days) shall be three years.