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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.
except that this judgment.
Reasons
1. The grounds of appeal (the defendants: 8 months of imprisonment with prison labor; 1 year of imprisonment with prison labor; 30 million won additional collection) declared by the court below against the defendants are too unreasonable.
2. Determination
A. Defendant A, upon the request of the father of the field players who wish to be a college-led, made an illegal solicitation on two occasions by Defendant B and N University supervisor P, etc., the field supervisor of H University, and delivered money and valuables, and the amount of money and valuables provided two times exceeds KRW 80 million in total, etc., which are disadvantageous to the above Defendant. However, the above Defendant resulted in each of the crimes in order to promote the university of the field players who are his own professionals, and there is no profit from the above Defendant himself. In full view of the fact that the above Defendant’s age, character and environment, circumstances, circumstances of the instant crime, circumstances after the instant crime, and other circumstances revealed in the arguments in this case, it seems that the above Defendant’s punishment is too unfair.
B. In light of the fact that the above defendant B received money and valuables in relation to the selection of a university sports speciality by taking advantage of the position of the field supervision of university, and infringed on the trust in society related to the selection of a university sports speciality, the crime is deemed to be heavy. However, the above defendant A returned 30 million won, which he received from the defendant A through I, to I. The above defendant is divided into and against the crime of this case, and the above defendant is divided into the crime of this case, and there is no specific punishment power except for punishment by fine, and all other circumstances shown in the argument of this case were revealed.