The guilty portion shall be reversed.

Defendant

A Imprisonment with prison labor of one year and fine of 40,000,000 won, and Defendant B.

A. It is true that the above Defendant received an envelope of KRW 20 million from K at the central park parking lot located in the Dong-dong of Sungnam-si, Sungnam-si. However, this is in contact with K and the above Defendant was in a central park parking lot, and the Defendant was in an envelope with K, and the Defendant was in a free will to receive money, and the said Defendant did not have the intent to accept a bribe, and the said Defendant confirmed that he returned home and was in a money in the said envelope, and returned the said KRW 20 million to K around February 18, 2012. The above Defendant returned the relevant parties to K before K’s house (hereinafter “instant JJ”).

The Defendant’s request for extension of the lease agreement and reduction of the rent does not relate to the above Defendant’s duties. According to these factual relations, the lower court found the Defendant guilty of the acceptance of bribe. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentencing (one year of imprisonment) against the above Defendant is too unreasonable.

B. The sentencing of Defendant B against the above Defendant (two months of imprisonment) is too unreasonable.

C. Prosecutor 1) misunderstanding of facts (In full view of the evidence submitted by the Prosecutor as to the acquittal portion of the judgment of the court below, Defendant B made a request to the Defendant for the extension of the lease agreement of the instant J, and delivered money of KRW 1 million around January 16, 2012, KRW 2 million around January 19, 2012, and KRW 40 million to Defendant B among March 2012, and Defendant B delivered KRW 40% of the shares of the instant JJ and KRW 250 million in cash to Defendant A at the instant J office.