A. Defendant A’s assertion 1) misunderstanding of facts or misunderstanding of legal principles did not receive a total of KRW 32,954,225 from Defendant C as a bribe on November 2008, since the part which can be evaluated as a bribe is limited to the financial profit equivalent to the above money, it is unreasonable for the lower court to evaluate the entire amount of the above money as a bribe and apply the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes. (2) The lower court’s sentence of unfair sentencing (a fine of three years, a fine of KRW 13,00,000, a surcharge of KRW 45,954,225) is too unreasonable.

B. The lower court’s sentence on Defendant C’s assertion of unfair sentencing (limited to six months of imprisonment, two years of suspended execution, and eight hours of social service) is too unreasonable.

2. Determination:

A. According to the misconception of facts or misapprehension of legal principles with respect to Defendant A’s grounds for appeal, Defendant A’s loan of KRW 20,000,000 from Sungsan Agricultural Cooperative on July 2005, and KRW 32,000,000 from the foreign exchange bank on September 2005, and delayed payment of interest for the loan, and Defendant transferred KRW 32,954,225, calculated from Defendant C to his own account in its name to repay the principal and interest of the said foreign exchange bank’s loan. In light of the above circumstances, there is no room to regard the above amount the Defendant received as a loan. However, in light of the following facts recognized by the evidence duly adopted and investigated by the lower court, it is reasonable to view that the Defendant received the entire amount as a bribe, and the Defendant reached KRW 32,954,225,00 at the time of 208 (hereinafter “G Development Corporation”).

In addition, the father of the defendant has served for more than 30 years in Jeju Special Self-Governing Province.

The director general of the Environmental Construction Bureau was retired and served in the engineering company, and the male Easter was a driving school.