A. Defendant A merely introduced B, etc. to resolve financial difficulties while attempting to work G (in particular, in relation to the loans stated in Paragraph 2 of the judgment, F requested direct loan mediation). Defendant A did not directly participate in each of the instant loans, and there is no fact that there was public offering with B and C regarding the receipt of money and valuables for loan mediation.

B. Defendant B and C’s each punishment sentenced by the lower court to the Defendants (Defendant B: 1 year of imprisonment and additional collection of KRW 52,322,400, Defendant C: 2 years of suspended execution, community service 120 hours and additional collection of KRW 20,000) are too unreasonable.

2. Determination

A. At least two defendants A’ assertion of mistake of facts does not require any legal conviction in relation to co-offenders who jointly process a crime, but only combines the intent to realize the crime by combining two or more persons to jointly process a crime. Although there was no process of the whole conspiracy, if the combination of the intent is made in order or impliedly, the conspiracy is established between several persons, and as long as such conspiracy was made, even those who did not directly participate in the execution, are held liable as co-principal for the other co-principal’s act.

(See Supreme Court Decision 2004Do482 Decided April 27, 2004, etc.). In addition, there was an explicit or implicit public offering relationship between accomplices of bribery to receive money and other valuables or benefits in relation to their duties, and where one of the accomplices received money and other valuables or benefits in accordance with the contents of the public offering, the public offering agreed to receive money and other valuables or benefits only below a specific amount in advance.

Unless there are special circumstances such as the amount received by the company during the process of public offering, it is extremely difficult to anticipate the amount, the crime of violation of the Specific Crimes Aggravated Punishment Act (Bribery) is committed with respect to all of the received money and valuables or profits.