All appeals by prosecutors are dismissed.

Defendant

Considering the fact that the establishment history, institutional purport, specific functions, and non-existence of public officials' legislative provisions, etc. of the residents support council in this case, the residents support council cannot be viewed as an organization performing public duties, and is merely a non-governmental organization to protect private interests. Although the defendant is a member of the two cities council, the subject of bribery cannot be recognized for the defendant who is in the position of a member of the Qgu residents support council, not a council member of both cities, and as part of the resident support council, if the subsidy was paid to the resident support council as a part of the resident support project, the execution of the subsidy and the use of the subsidy are merely private affairs and cannot

Of the 50 million won received from the defendant in mistake of facts, 30 million won in cash is a referral fee received according to practice in connection with the trade mediation of the factory of this case. The cash card of 20 million won is merely merely a loan, and there is no relation with the duties of the defendant as a member of the Resident Support Consultative Body for the defendant, and there is no relation with each other.

The sentence of the court below to be sentenced by the public prosecutor (limited to imprisonment of three years and six months, fine of 50,000,000 won, and surcharge of 50,000,000 won) is too uncompared and unreasonable.

Judgment

"Public official" under Articles 129 through 132 of the Criminal Act concerning the assertion of misapprehension of the legal principles as to the defendant's assertion means a public official under the State Public Officials Act, the Local Public Officials Act, or a person engaged in the affairs of the State or a local government or a public corporation equivalent thereto under other Acts and subordinate statutes, other than those to be regarded as a public official in applying the above provisions, and whose contents of labor

(see, e.g., Supreme Court Decision 2010Do14394, Mar. 10, 2011). Moreover, a public official’s duties referred to in the crime of bribery are closely related to not only his/her duties under the legal control, but also his/her duties.