The defendant's appeal is dismissed.

1. The sentence imposed by the court below (the penalty of KRW 7,00,000, the penalty of KRW 8,000, the penalty of KRW 800,000) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no particular change in circumstances that may be considered in sentencing following the lower judgment.

In full view of other circumstances, which are the conditions for sentencing as shown in records and pleadings, the lower court’s sentence is not deemed to be unfair because it goes beyond the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. Determination on the amount of collection

A. If money and valuables acquired through the crime of violation of the Attorney-at-Law Act are planned to be used as such at the time of receiving the money and valuables, and were used in accordance with the purport of receiving them, the profit of the part cannot be collected as it does not actually belong to the criminal. However, if the criminal used it as expenses according to his/her own judgment, it is merely a method of consuming the money and valuables received by the criminal,

(See Supreme Court Decision 9Do1900 delivered on June 25, 199). If the consignee has kept the bribe as it is and returned it to the receiver, it shall be confiscated and collected from the receiver (see, e.g., Supreme Court Decision 83Do2783, Feb. 28, 1984). Thus, even if the consignee returned the amount of money equivalent to the amount received by the consignee to the receiver, if the consignee has not returned it to the receiver, the equivalent amount shall be collected from the consignee.

(see, e.g., Supreme Court Decision 96Do2022, Oct. 25, 1996). Meanwhile, the recipient of money and valuables may lose their specificity by depositing money in his/her personal deposit account.