The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant had an employee of the victimized person engaged in a new construction of a factory and/or sales-related work, and also had been submitted documents related to the lawsuit claiming construction price. Therefore, the amount that the Defendant received constitutes benefits.

In addition, as the defendant returned 1 million won to the victim, the amount received is also KRW 14 million.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment, additional collection KRW 15 million) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and examined by the lower court, filed a lawsuit claiming construction cost against D on February 5, 2014 (No. 1877 of Suwon District Court 2014; hereinafter “instant civil lawsuit”), and D was served on April 8, 2014 by delivery of the complaint of the instant civil lawsuit to the competent court on February 14, 2014, but it was known that D was aware of the status of the filing of the lawsuit before being served (Evidence No. 19 of the evidence record), and ② in the investigative agency and the lower court’s court, D demanded money by giving the Defendant a deposit of the instant civil lawsuit, and in favor of the appellate court in favor of the first instance court.

The defendant gave 15 million won to the defendant.

As a result, from 15 million won to 1,000 won, hereinafter “the statement was received”, c) the Defendant also recognized the fact that the Defendant submitted a reply and a preparation document prepared by the Defendant in the first instance trial and appellate trial of the instant civil lawsuit, d pays 15 million won to the Defendant as a check on May 2015 where the appellate trial of the instant civil lawsuit was in progress, and 5 million won where D had employed the Defendant, e.g., the labor contract was prepared or the payment was agreed to be made, and 1.5 million won is the salary handled only by the Defendant.