The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. The crime of this case with respect to the grounds for appeal in light of the following facts: (a) the Defendant’s input of soil at the construction site without contractual relationship with a public official’s pro rata to take advantage of his pro rata, and then the amount of the price is not good; and (b) the amount of the reconed is a relatively large amount of KRW 72 million, etc., the Defendant shall be subject to strict punishment.

However, the defendant recognized the crime of this case and is in depth divided, the degree of conflict is relatively minor, and the process of exercising his right is somewhat minor and there are some circumstances to consider it. In particular, the defendant does not want the punishment of the defendant, and the defendant deposited 80,000 won in the court below by agreement with the victim, and the defendant deposited 80,000 won in the court below. The soil of this case is actually used for the same kind of crime, the defendant has no record of punishment for the same crime, and other factors on the records of this case such as age, character, character and behavior, environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable. Thus, the prosecutor's argument of unfair sentencing is not reasonable, and the defendant's assertion of unfair sentencing is justified.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on the conclusion, and the following is ruled again after pleading.

(However, as long as the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal is not dismissed separately in the disposition). Criminal facts and summary of evidence recognized by the court are the same as that of the judgment of the court below.