The judgment of the court below is reversed.

Defendant

B Imprisonment with prison labor of 4 years and fines of 100,000,000 won, Defendant A shall be punished by imprisonment of 2 years and 6 months.

1. Summary of grounds for appeal;

A. Defendant B (unfair sentencing)’s punishment sentenced by the lower court (an imprisonment of 5 years and a fine of 100 million won, additional collection of 50 million won) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misapprehension of legal principles (Defendant B, and Defendant A) delivered a solicitation received from a bribe donor C to Defendant B to have the criminal intent to commit the crime of bribery, and Defendant B directly participated in the act of bribery between Defendant B, such as allocating the case cost (Defendant B50 million won) and the referral cost (Defendant A20 million won).

Nevertheless, the lower court did not judge Defendant B and A as a joint principal offender of the bribery amounting to KRW 70 million, and recognized Defendant B as a principal offender of the bribery amounting to KRW 50 million and a principal offender of the bribery amounting to KRW 50 million, thereby resulting in contradictory conclusion between the amount of the bribe granted and the amount of the bribery amount.

Therefore, the court below erred by misapprehending the above facts and by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2) The sentence that the court below sentenced to Defendant B, A (a 3 years of probation and fine of 25 million won in imprisonment with labor for 2 years and 2 years and 3 years of probation) and C (a 3 years of probation in imprisonment with labor for 2 years) is unfair and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant B and the prosecutor following changes in indictment.

In the first instance of the trial, the prosecutor applied for amendments to the indictment with respect to the Defendants, including the facts charged with Defendant B and the facts charged with respect to Defendant A, who found the Defendants not guilty of the reasoning, as follows, and this court permitted it.

As the subject of the judgment of the court was changed, the judgment of the court was no longer maintained (the prosecutor's mistake of the facts and misapprehension of the legal principles are based on the judgment of the court below as to the whole facts charged before the change, and the judgment of the court at the same time permits the modification