A. As to the fraud by mistake of fact, the Defendant can resolve L.

In that sense, the horses were believed as they are and received money from the victims and delivered them to L as they are, and as the defendant did not acquire or use it personally, there is no intention to commit fraud.

In addition, 3.5 million won paid by the victim F from among 9.5 million won received due to the violation of one side justice is paid under the pretext of school expenses and solicitation, not in the name of school expenses and solicitation.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. "Money receive money, valuables, entertainment or other benefits under the pretext of solicitation or good offices with respect to cases or affairs handled by a public official" under Article 111 of the Act means a case where a public official receives money or valuables under the pretext of good offices between the public official and the client with respect to the cases or affairs handled by a public official.

In case where the nature of the name of solicitation for a case or affairs handled by a public official and the character of the price for providing labor or convenience in connection with the case or affairs handled by a public official is indivisiblely combined, money and valuables are received under the pretext of solicitation for the case or affairs handled by a public official inseparably.

In light of the above legal principles, the following facts and circumstances (in particular, the timing and interval of the payment of money, and the name of the payment) revealed by the evidence duly adopted and examined by the lower court (see, e.g., Supreme Court Decisions 2005Do514, Apr. 29, 2005; 2005Do771, Dec. 22, 2005) are deemed to belong to the victims of solicitation in spite of their intent and ability to make solicitation with respect to the cases handled by the public officials. It is sufficiently recognized that the victims were given KRW 9.5 million from the victims, even though they were not capable of making solicitation.