The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

seized evidence 2.

1. Summary of grounds for appeal;

A. (1) When Defendant (1) performs the misapprehension of the legal principles on the part of receiving money and valuables from E in connection with the advance payment of the construction work, it is difficult to view it as an illegal solicitation upon request for convenience within the scope of official authority by considering the request. The Defendant, as the president of the AI association (hereinafter “the instant association”) was obligated to pay the unpaid advance payment of KRW 5 billion out of the advance payment of KRW 7 billion, which was already paid in the contract, to E, and thus, the request for payment of KRW 5 billion cannot be an illegal solicitation. However, the lower court found Defendant guilty of this part of the charges. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) On December 6, 2011, the Defendant returned to AO 30 million won received a request related to the general sale advertising services, etc. from AP, the representative director of AP, a stock company, after receiving a request for the general sale advertising services, etc., and thus, the amount should be excluded from the additional collection charge. However, the lower court rendered a decision to additionally collect the amount up to this portion. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting

(3) Even if the facts charged of the instant case of unfair sentencing are found guilty, in light of the following: (a) the Defendant’s receipt of money and valuables from the relevant company as the president of the instant association is merely a passive receipt of money from the relevant company; (b) the Defendant did not mobilization the method of illegal title trust, etc. to acquire the membership from the beginning; and (c) the Defendant’s Defendant is a first offender against his depth and without any previous conviction, the sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Determination of the misapprehension of legal principles as to the part received money from the defendant E is made (1).