Nevertheless, on December 22, 2011, the Defendant conspiredd with C, and received money and valuables from C in relation to the mediation of loans, which are matters falling under the duties of executive officers and employees of financial companies, etc., by receiving KRW 3 million from the victim’s bank account in the name of C, and KRW 4 million, including KRW 1 million, around December 27, 201, by receiving KRW 4 million from the victim to the corporate bank account in the name of C, and received money and valuables from C, which falls under the duties of executive officers and employees of financial companies, etc.

2. Determination

A. The offense of acceptance of good offices under Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is established in cases where the receipt, request or promise of money and valuables or other benefits, or the request or promise for the grant of such money and valuables or other benefits, or for the grant to a third party with respect to the referral of matters belonging to the duties of the officers and employees of a financial institution, and where such offense is established, the act of giving and receiving money and valuables or other benefits under the pretext of mediating between the person who made the request for good offices and the officer and employee of a financial institution entitled to

Therefore, in case where a person who has been requested to mediate between the client and the other party is introduced not to act as a broker, but to act as a broker, it is apart from the case where it can be evaluated that the person actually engaged in the act as a broker is involved in the act of conspiracy or the act of execution with the intention of co-processing.