A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding twenty thousand won.

The above fine shall be imposed on the defendant.

A. misunderstanding of facts and misunderstanding of legal principles that the Defendant received KRW 20 million from V is extinguished after the position as the design evaluation review committee of this case is extinguished. Since the duties as the design evaluation review committee of this case and the duties as the public official of the Ministry of Land, Transport and Maritime Affairs are entirely separate, the Defendant cannot be deemed to have received a bribe in relation to his duties.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. In light of the fact that the defendant was an initial offender with no record of criminal punishment, etc., the punishment imposed by the court below (one year of imprisonment and a fine of 20 million won) is too unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles 1) former Construction Technology Management Act (amended by Act No. 9848, Dec. 29, 2009; hereinafter “Construction Technology Management Act”)

Article 5) The Central Construction Technology Deliberation Committee (hereinafter “Central Committee”) shall be in the Ministry of Land, Transport and Maritime Affairs.

The former Enforcement Decree of the Construction Technology Management Act (amended by Presidential Decree No. 21565, Nov. 26, 2009; Presidential Decree No. 21565, Nov. 26, 2009); and

Article 9 of the Enforcement Decree of the Act on Contracts to Which the State is a Party refers to deliberation on the eligibility of designs and evaluation of design points under Article 85(5) of the Enforcement Decree of the Act on Contracts to which the State is a Party. The former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 21834, Nov. 20, 2009; hereinafter “State Contract Act”).

In the case of a package deal tender, the head of each central government agency or the public official in charge of contracts shall request the central committee to deliberate on the eligibility of the relevant design and to assess the design points when the basic design bid or the execution design is submitted from the package deal tender.

On the other hand, however,