The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

According to the records, the defendant was sentenced to a suspended sentence of one year for a crime of taking property in breach of trust by the Incheon District Court on January 15, 2015, and the judgment was finalized on September 10, 2015.

The crime of the judgment of the court below against the defendant and the crime of taking the property in breach of trust against which the judgment of the court below has become final and conclusive are concurrent crimes by the latter.

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

On the other hand, with respect to the acceptance of bribe related to the establishment of M main office and the Council office, the prosecutor applied for changes in indictment which adds criminal facts to each preliminary one as follows. As to the issue of bribe related to the establishment of M main office and the Council office, the name of the crime is "delivery of third party bribe", and the applicable legal provision is "Article 133 (2) 1 of the Criminal

This court allowed changes in the bill of amendment to the indictment and became different.

This also constitutes a ground for ex officio reversal.

[Preliminary Facts added]

1. On October 14, 2010, the Defendant issued a third party bribe related to the order for the construction of M main office and parliamentary office buildings by MM Do government offices, through anO with a little volume of punishment of N in the head of the group promoting the relocation of M Do government offices in order to receive orders for the construction of M main office and parliamentary office buildings ordered by M Do government offices through M Do government offices, and the Defendant arranged N to arrange for N with N through the treatment construction staff.

On January 16, 2011, the Defendant made a request for the help to take part in the construction of the main office and parliamentary government office buildings at Q hotel coffee stores located in Daegu Suwon-gu P, and the Defendant made a request for N to take part in the construction of the main office and parliamentary office buildings.

On January 22, 2011, the Defendant continued to make a solicitation to the effect that “the Defendant, while making N andO eating at a hotel of Q Q Q’s day, intended to offer N andO meals to the effect that “the Defendant would be able to permit construction.” The N would receive treatment construction contracts.