The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a prison term of eight months, additional collection of KRW 15,981,125) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

Article 2(2) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter the same) provides that a person who commits a crime prescribed in Article 129, 130, or 132 of the Criminal Act 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 for the crime.

However, the lower court found the Defendant guilty of the charge that the Defendant received a bribe of KRW 15,981,125 in total over 13 times from January 21, 2009 to February 12, 201, but omitted a fine imposed under Article 2(2) of the former Act on the Aggravated Punishment, etc. of Specific Crimes when determining the Defendant’s punishment.

Ultimately, the judgment of the court below on the part of the defendant is erroneous by misapprehending the legal principles on the necessary concurrent imposition of fines, which affected the conclusion of the judgment.

3. Of the judgment of the court below, there are grounds for ex officio reversal on the part of the defendant.

Therefore, without examining the defendant's assertion of unfair sentencing, the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense recognized by the court as well as the summary of the evidence shall be as stated in the respective corresponding columns of the original judgment.

Application of Statutes

1. As seen earlier, as the pertinent Article of the Criminal Act, Article 129(1) of the Criminal Act, Article 45 Subparag. 3 of the Construction Technology Management Act (comprehensively, and choice of imprisonment) regarding criminal facts, a fine shall be concurrently imposed on the criminal defendant pursuant to Article 2(2) of the former Act on the Aggravated Punishment, etc. of Specific Crimes.

However, in the instant case where only the Defendant appealed, the lower court’s punishment cannot be changed disadvantageously to the Defendant.