A. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant received promissory notes and money from C on the pretext of solicitation from the public official.

B. The court below’s sentence of unfair sentencing (the fine of KRW 12,00,000) is too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., (i) the defendant provided money to the defendant; (ii) the court below stated in the court below that "the defendant should enter the account of the amount of KRW 30 million paid on January 5, 2009 to the defendant; (iii) the public official of the Ministry of Land, Infrastructure and Transport or the public official of Sejong City shall be well aware of the fact; and (iv) the statement from the defendant to the public official or the employees of the Ministry of Land, Infrastructure and Transport regarding the title of KRW 20 million transferred to the defendant's account on February 9, 200, which was not heard that the defendant specifically connects the public official or the employees of the Ministry of Land, Infrastructure and Transport; and (v) the public official of the court below who introduced C to the public official of the Republic of Korea or the head of the association or the head of the general affairs should immediately proceed with a solicitation of KRW 40,42)."

In light of the relationship with the D&M industry corporation and the victim, who was a subcontractor of H& corporation, that made a statement to the effect that it was "(92 pages of the trial record), (3) concluded an agreement with the C&S association, and agreed to act as an agent for the construction work of unclaimed graves related to the construction of an administrative complex city, the defendant must make a direct solicitation to the public officials of the Ministry of Land, Infrastructure and Transport or the third party of H& corporation.