The judgment below

Among the parts against Defendant A and the part against Defendant B, the part against Defendant B, respectively, shall be reversed.

1. Defendant A

A. The summary of the Defendant’s grounds of appeal 1) The Defendant’s acceptance of bribe cannot be deemed to have received a bribe since it is merely a receipt of the purchase cost in order to purchase the goods at the request of B, if the Defendant received a total of KRW 7.5 million from B six times from May 22, 2007 to December 27, 2007.

Even if the acceptance of bribe is recognized against the defendant, it should be recognized and collected as the acceptance of bribe only for the remaining amount after being used as the actual amount of goods out of the above 7.5 million won.

B) On November 3, 2008, the Defendant related to acceptance of bribe amounting to KRW 2 million,00,000,000,000,000 from B on November 3, 2008, and did not receive KRW 2 million from B. In addition, the Defendant borrowed KRW 1 million from B on November 3, 2008, and paid KRW 1 million to B on June 14, 2009, and the Defendant involved in the unlawful act did not have any effect on allowing the Defendant to smoke tobacco and allowing him to use public telephone beyond the limited time.

Although there is a fact that the defendant provided the meat to all prisoners including B during work in the external work, it is most a correctional officer's practice to provide the meat to the prisoners who go beyond the external work.

2) The lower court’s sentence imposed on the Defendant of unreasonable sentencing (one year of imprisonment, two years of suspended sentence, additional collection KRW 10,332,464, and community service order80 hours) is too unreasonable. B. Determination ex officio on December 26, 2008, which was amended and enforced by Act No. 9169, Dec. 26, 2008 (hereinafter “Special Treatment Act”).

section 2(2) of the Criminal Act provides that a person who commits an offense referred to in Article 129, 130 or 132 of the Criminal Act shall include the case referred to in paragraph (1) of the penalty provided for for the offense.

shall be concurrently punished by a fine of not less than two times but not more than five times the amount of the accepted bribery.

"A fine that had not been previously imposed on the crime of acceptance of bribe, etc."