A. The first facts constituting the crime in the judgment of the court below in order to resolve the problem of non-performance penalty related to the building in violation of G factory in Busan (hereinafter “instant non-violation building”) in Busan, for the misconception of facts and misapprehension of the

B. (1) Of KRW 30,00,000 received as stated in paragraph (1), the Defendant did not have the intent to obtain a non-performance penalty imposed on the instant violating building. Therefore, the above KRW 7,805,000, which was actually used for the payment of non-performance penalty imposed on the instant violating building did not constitute a bribe, and the judgment of the court below which found the Defendant guilty on the ground that he had the intention to obtain a bribe was erroneous, or erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. On August 13, 2014, the summary of this part of the facts charged is as follows: (a) the Defendant received a solicitation from E to the effect that “after crackdowns on illegal structures in the G factory,” from the G office in the main product manufacturing business office located in Busan, there are many charges for compelling compliance. There are no charges for compelling compliance.” On October 2014, the Defendant called “I would prepare for the amount of KRW 30,000,000, which would reduce the charges for compelling compliance,” and “I would like to prepare for the amount of KRW 30,000,000,000, which would be to solve the charges for compelling compliance,” and (b) around November 4, 2014, the Defendant unilaterally received cash from E from the above G office to return the amount of KRW 10,100,000,000,000 at one time after being given an opportunity to receive or temporarily receive the bribe, and thus, it would not be possible that he would receive or immediately receive the bribe.