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The judgment below
The penalty collection portion shall be reversed.
9.3 million won shall be additionally collected from the defendant.
. The defendant and the prosecutor.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (the penalty of two years of suspended execution, 120 hours of community service, 8.8 million won) is too unreasonable.
B. A prosecutor 1) Although the Defendant misunderstanding the fact that he received 1.5 million won in cash from D on September 9, 2015, the lower court deemed that the amount of profit acquired by the Defendant was KRW 8.8 million, excluding the above KRW 1.5 million out of the 10.3 million amount claimed by the prosecutor. In so doing, the lower court erred by misapprehending the fact of additional collection, thereby adversely affecting the conclusion of the judgment.
2) The above sentence that the court below rendered unfair sentencing is too unfortunate and unfair.
2. Determination
A. (1) The purpose of this study is to deprive the criminal or a third party of money, valuables, entertainment, and other benefits, thereby preventing the criminal or a third party from possessing an unlawful benefit.
Where some of the money and valuables received by a public official as a bribe in connection with a solicitation in accordance with the purport of having actually received money and valuables, or where some of the money and valuables have been given as a bribe to a relevant public official or to another intermediary in connection with a solicitation, the partial profit does not substantially belong to the defendant, and thus only the remainder of the money and valuables excluding the money and valuables should be confiscated or collected additionally (see Supreme Court Decision 2015Do8537, Aug. 19, 2015, etc.). The lower court deemed that the amount of actual profits gained by the defendant was KRW 8,80,000 [the amount of money and valuables transferred to the defendant KRW 7.2 million [the amount of money and valuables transferred to the defendant KRW 3 million on August 16, 201, KRW 1.3 million on August 18, 2011, KRW 2500,000,000 won on August 18, 2011];
3) According to the evidence duly adopted and examined by the court below at the court below, the defendant was from D on September 9, 2015, in addition to 8.8 million won collected by the court below.