The judgment below

The penalty collection portion shall be reversed.

Defendant

A KRW 8,100,00 from Defendant B, and KRW 500,000 from Defendant B.

1. Summary of grounds for appeal;

A. Improper sentencing of Defendant A

B. Defendant B (1) Of the money and valuables provided to Defendant B by Defendant B to Defendant A, the part on ① 500,000 won bags and ② the part on title 100,000 won for goods does not constitute money and valuables exceeding KRW 3 million for each fiscal year or for each fiscal year exceeding KRW 1 million for the same person.

Defendant

In full view of B’s prosecutor’s statement, Defendant A’s transaction details, etc., Defendant A only withdrawn money from the passbook account and returned money, and Defendant A returned KRW 5 million received from Defendant B as it is.

(2) Sentencing 2) Sentencing

C. The prosecutor’s improper sentencing (as to Defendant A)

2. Determination

A. As to Defendant B’s assertion of mistake of facts, Article 8(1) of the Act on the Prohibition of Improper Solicitation and Acceptance of Goods, Etc. (hereinafter “Solicitation Prohibition Act”) provides that “public officials, etc. shall not receive, demand, or promise to receive, money, goods, etc. exceeding KRW 100,000 won at one time from the same day or every fiscal year regardless of whether they are related to their duties and the name of donation, etc.” Article 8(5) of the same Act provides that “no person shall provide public officials, etc. or their spouse with any promise or promise to provide, or promise to offer, any money, goods, etc. which may be subject to punishment.”

According to the evidence duly admitted and examined by the lower court, Defendant B may recognize the fact that Defendant A delivered KRW 4.5 million in cash (one bag of KRW 2.0 million, two bags of KRW 1 million, two bags of KRW 500,000), three million in cash around December 11, 2016, KRW 3 million in cash around December 19, 201, and KRW 100,000 in gift certificates around December 19, 201, and KRW 50,000 in gift certificates and KRW 100,000 in gift certificates, respectively, to Defendant B at an investigative agency.