A. The Defendant misunderstanding the fact also has the ability to allow H to give a subcontract or contract for a construction contract as stated in the lower judgment, as he belongs to H.

Since reliance on the instant transfer, around August 2013, around H around around 2013, up to KRW 1 million as the introduction fee, there was an intentional acquisition by the Defendant.

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The punishment of a fine of KRW 3 million sentenced by the court below which was unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and examined by the lower court and the first instance court, namely, that H may allow G to have some of the construction works of excreta and waste disposal facilities (hereinafter “instant construction work”) as indicated in the lower judgment, i.e., the construction works of excreta and waste disposal facilities (hereinafter “instant construction”).

On the other hand, G introduced H to the Defendant, and thereafter, the Defendant received a total of KRW 8 million from the injured party with G to receive a subcontract for part of the above construction work, and was divided into H and G, as stated in the judgment of the court below, and the victim met H only thereafter. ② Whether the Defendant was capable of allowing H to obtain a subcontract for part of the instant construction work or having a contract for the instant construction work, the Defendant is the representative director of D Co., Ltd., a person who was aware of the fact that H was performing the instant construction work.

B. He was only to the extent that H’s land manager operates the instant construction project, and in detail, H did not know how he could engage in such work by any way. He did not at all confirm the procedure and standards for selecting the subcontractor and whether the F was contracted for the instant construction project, and ③ in fact, F was in fact a stock company D.