The conviction part against the Defendants is reversed, and this part of the case is remanded to the Cheongju District Court.

1. As to Defendant A’s ground of appeal

A. The elements for the establishment of a public official’s acceptance, demand, or promise of a bribe in relation to the referral of matters belonging to the duties of another public official by taking advantage of his status are the requirements for the establishment of the bribe. The term “public official’s taking advantage of his status” in this context cannot be deemed as a case where he uses a private relationship, such as friendship, kinship, or simply uses a public official’s status. At least, a public official who is legally or actually affected by the handling of affairs handled by another public official should use his status

(see, e.g., Supreme Court Decisions 94Do852, Oct. 21, 1994; 2010Do11460, Nov. 25, 2010). (B)

The judgment below

In light of the reasoning of the first instance judgment as cited by the lower court, the lower court acknowledged the fact that Defendant A, who had been in charge of auction business in the Suwon District Court, among the facts charged in the instant case, was to take the date of new sale as soon as possible with respect to the auction of 23,428 square meters of Jinsung-si between December 28, 201 and December 31, 201, and was to receive KRW 2 million from the date of new sale as soon as possible; and the fact that the court below was to have worked as a Grade 5 or more years with respect to the auction of land on land other than 3,73 square meters in Zwon-si and 12, between February 29, 2012 and March 12, 2012, the lower court recognized the fact that the Grade 2,00,000 won was offered to the Grade 5 or more as a Grade 5 or more.