2. Determination

A. The key issue of this part of the facts charged is whether Defendant A paid KRW 500 million to I with respect to the acquisition of an incorporated foundation as indicated in the judgment below around July 2009.

It seems that there is no consistency in Defendant A’s statement in Defendant A’s investigative agency on the method and timing of payment of KRW 500 million, there is no receipt for KRW 500 million, and there is no financial data that can be readily determined that I was paid.

However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is difficult to view that the above circumstances alone are sufficient to prove that Defendant A did not pay KRW 500 million to the Foundation.

(1) Defendant A was appointed as the chief director of an incorporated foundation through the process of agreement on acquisition between Defendant A and I as follows.

In light of the fact that the change in the agreement on the amount of the acquisition price is consistent with the change of the defendant A, and that the defendant A takes office as the chief executive officer of the foundation, it seems that the agreement has been implemented.

① Defendant A and I agreed to accept the acquisition price of the Incorporated Foundation as stated in the lower judgment by fixing the acquisition price of KRW 2 billion.

② On July 3, 2009, Defendant A received KRW 200 million from R to withdraw as a check for the acquisition cost of the Incorporated Foundation, and delivered to I, and paid KRW 200 million, which is part of the initial contract amount of KRW 500 million. The remaining KRW 300 million shall be paid up to July 10, 209. If the payment is not made within the given period, the amount of KRW 200 million shall be reverted to I. At the same time, Defendant A and C shall be subject to JI.