The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (two years of imprisonment, additional collection 40 million won) is too unreasonable.

2. Ex officio determination concerning the calculation of the amount of collection;

A. The necessary confiscation or collection under Article 134 of the Criminal Act is for the purpose of preventing a criminal from holding unlawful profits, and even if the criminal does not possess illegal profits, a bribe or the pertinent property cannot be confiscated or collected from him/her. Thus, in cases where a bribe is given to a relevant public official in connection with a solicitation in accordance with the purport of receiving part of the money and valuables received by the criminal, the profit of the part does not actually belong to the criminal, and only the money and valuables other than the above shall be confiscated or collected additionally.

(see, e.g., Supreme Court Decision 99Do3965, Nov. 12, 199). In addition, in a case where the consignee has kept the bribe as it is and returned it to the receiver, the consignee shall be confiscated and collected from the receiver.

(See Supreme Court Decision 83Do2783 delivered on February 28, 1984, etc.). B.

The judgment of the court below is difficult to avoid the possibility that part of the above KRW 100 million has been delivered to the defendant A because the defendant was aware that he was given a bribe from C, but he was asked that the defendant C would have received money without mentioning the amount of money after telephone conversations with the defendant A on October 18, 2010, and the defendant C would have received money without mentioning it. The above KRW 40 million is collected from the defendant and it is difficult to avoid the possibility that part of the above KRW 100 million has been delivered to the defendant.

C. Defendant’s assertion 1) The Defendant offered 100 million won received from C to A in full, and thereafter received 40 million won as the blood expense from A on December 2, 2010, and deposited the money in the account under Defendant’s name as above. 2) The money delivered by the Defendant to A was 50,00 won, and was integrated into the belt. However, the Defendant received from A as above.