The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. The Defendant received a large amount of money that is KRW 35 million by taking advantage of the company’s desire to maximize profits even through illegal means, which is an unnecessary increase in the contract amount of a construction project ordered by a local government, which is detrimental to the public’s integrity of duties and the trust of the people, and such social harm and injury are disadvantageous to the public.

However, there are extenuating circumstances such as the defendant's misjudgments in depth and there is no history of criminal punishment except for the defendant's one-time suspended sentence, the defendant appears not to have actively demanded money and valuables, the defendant's volunteer activities for community, and the defendant's family members and branch members want to take a preference against the defendant. Other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions such as the defendant's age, character and behavior, crime, and the violation of the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for the crime of this case, violation of the Attorney-at-Law Act (at least 3 million won, at least 50 million won, and less than 50 million won), special form of acceptance of money and valuables, decision on the recommended area, the scope of recommended sentence (basic area), and the court-oriented trial-oriented principle and direct trial-oriented principle are not reasonable compared to the sentencing judgment of the first instance court (see, e.g., Supreme Court en banc Decision 2010Do1251.).