A. In light of the legal principles and mistake of facts, the defendant was commissioned as a member of the Busan Metropolitan City Construction Technology Deliberation Committee (hereinafter “Seoul Metropolitan City Committee”) on February 1, 2009 and was in office for two years from March 1, 2009, and was promoted by Busan Metropolitan City through a package deal project for design and construction (hereinafter “instant construction project”), and was commissioned as a member of the Design Deliberation Committee who deliberated on and evaluates matters concerning the eligibility for design and the evaluation of design points, and received money and valuables in relation to the duties of the evaluation committee. However, the design deliberation on which deliberation was deliberated and assessed on January 1, 2010 under the premise of the Central Construction Technology Deliberation Committee (hereinafter “Central Committee”) in which the former subcommittee was established and commissioned as an evaluation committee member on the basis that the Busan Metropolitan City Committee without the system did not have the status of a member of the local committee who is deemed a public official, and the defendant cannot be said to have received money and valuables in relation to the duties of the committee in connection with the design deliberation.

B. The sentencing of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the legal principles and the evidence duly admitted and examined by the court below and the court below, as to the assertion of mistake of facts.

① The Busan Metropolitan City delegated or entrusted the Administrator of the Public Procurement Service with the execution of the instant construction works in accordance with the Local Self-Contract Act, the Enforcement Decree thereof, the former Public Procurement Act, the Enforcement Decree thereof, and other relevant Acts and subordinate statutes.

Accordingly, the Administrator of the Public Procurement Service on December 10, 2009 publicly announced the tender of the instant construction work.