A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles have received KRW 4 million from B as stated in the facts charged, but this is a personal-friendly relationship with B, and it does not constitute a bribe due to lack of job relevance or quid pro quo.

2) The sentence of the lower court (a fine of six months and a fine of ten million won, a suspended sentence of one year, an additional collection, etc.) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Judgment on the misunderstanding of the facts or legal principles of the defendant 1) Bribery is a legal protection of the fair performance of official duties, trust in the society, and the purchase of an act of official duty. Since the bribery does not require a solicitation or an unlawful act, there is no special solicitation to recognize the bribe of money and valuables received, and there is no need to have a special solicitation to accept an individual act or a quid pro quo. When a public official receives money and valuables or other benefits from a person subject to his duties, it cannot be deemed as merely an exceptional consideration in light of social norms, unless there is any special circumstance, such as where it is clearly recognized that a personal-friendly relationship is due to the need of decentralization. If a public official received money and valuables in relation to his duties, the acceptance of such money and valuables constitutes a bribe (see Supreme Court Decision 200Do379, Oct. 12, 201; Supreme Court Decision 2005Do379, Oct. 37, 2005).