The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

30,000 won shall be additionally collected from the defendant.

1. The prosecutor asserts that the sentence imposed by the court below (two years of suspended execution, sixty hours of social service, 1.2 million won of additional collection) is too unhued and unreasonable.

2. Ex officio determination

A. Under Article 82 of the former Attorney-at-Law Act (amended by Act No. 4544 of Mar. 10, 1993), the purpose of confiscation or collection is to deprive a criminal or a third party of money and valuables or other benefits and prevent him from possessing unlawful profits. Thus, in a case where several persons jointly distribute money and valuables received under the pretext of solicitation as to cases or affairs dealt with by a public official, only the money and valuables actually received from each person should be individually confiscated or collected additionally. In addition, in a case where part of the money and valuables received under the pretext of solicitation is given as a bribe to a public official in relation to solicitation in accordance with the purport of actually receiving the money and valuables, the benefit of the part is not actually attributed to the defendant, and the remaining money and valuables should be confiscated or collected additionally (see, e.g., Supreme Court Decision 93Do1569, Dec. 28, 1993).