A. Defendant (Misunderstanding and misunderstanding of legal principles) (1) did not agree to provide K with KRW 150 million in return for receiving bid information.

The defendant does not pay money to K in return for the provision of internal bid information, but received money from K in relation to the attraction and resale of investors after receiving a successful bid for a M parking lot.

The actual amount of money is not 48 million won, but 36 million won.

The statement of K contrary to this is not reliable, and the confession of the defendant in the fourth interrogation protocol of the prosecution is the pressure of the prosecution and the false confession according to the pressure of the prosecution while interfering with the participation of the defense counsel.

(2) As long as the Defendant paid money for the purpose of receiving assistance in connection with attracting and resale of investors, this is not included in the scope of K’s duties, the Defendant’s defense counsel has no relevance to duties.

Even if it is not so, K's act of notifying the defendant of the successful bid price "at least 250% of the estimated price" is merely a use of knowledge through K's duties or experience other than duties, and thus is not recognized as business relationship.

B. The prosecutor (unfair punishment) sentenced by the lower court (one year and six months of imprisonment, three years of suspended execution, three years of social service, 180 hours of imprisonment) is too uneasible and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the fact that the Defendant paid at least KRW 48 million to K in return for receiving bid information, etc. is sufficiently recognized.