The defendant shall disclose the summary of the judgment of innocence against the defendant.

A. In fact-misunderstanding and legal principles, the Defendant did not receive a request from the F Do governor to deliver a bribe from E at the time of receiving the provisional payment from E, and only delivered a bribe to G with no knowledge of the amount of the provisional payment, and the Defendant did not know that the money incurred in the provisional payment was delivered to the F Do governor through G. Thus, there was no intention to acquire a third-party bribe.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant is a company D’s employee who carries out a business of building a Dong newsletter located in Ilyang-gu, Busan Metropolitan City B C, and that E is the representative of the above D.

E in order to facilitate the receipt of orders for construction works in the F region where a large demand for the installation of the Dong newsletter was high, E had a sense of mind to offer money to the Fdo public officials through the Defendant and Broki G (Death on August 31, 2015) who are employees.

On June 5, 2012, the Defendant received KRW 100 million in cash upon the request of the above E to deliver a bribe to the above public official.

Accordingly, the Defendant received KRW 100 million, knowing that E would be a bribe to the above public official.

B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.

(c)

Article 133(2) of the Criminal Act provides that the act of delivering a bribe to a third party for the purpose of accepting a bribe, or the act of delivering a bribe received with the knowledge of the fact, shall be subject to the same punishment as the crime of offering a bribe under Article 133(1) of the same Act. Among them, the crime of delivering a bribe by a third party is established when the third party is aware that the crime of delivering a bribe is money and valuables to be delivered to a person who is to accept the bribe by a third party who is not a person to receive the bribe (Supreme Court Decisions 65Do785 delivered on October 26, 1965; 65Do785 delivered on October 26, 2002). < Amended by Act No. 6653, Feb. 19, 200>