A. In misunderstanding of facts and legal principles, the Defendant received KRW 52 million, not KRW 52 million from G, and the above KRW 50 million from G, rather than receiving KRW 50 million from G as the price for the selection of an agency implementing a rearrangement project.

B. The sentence of the lower court’s unfair sentencing (a punishment of 4 years of imprisonment and fine of 60 million won, additional collection of 52 million won) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the facts and legal principles on the assertion of misunderstanding of the facts and the assertion that the bribe received money from the accepter while the bribe did not receive money from the accepter. Whether the accepter actually borrows the money should be determined by taking into account all the objective circumstances revealed by the evidence such as motive, delivery circumstance, and method, relationship between the accepter and the accepter, position and occupation, necessity of the accepter, and possibility of borrowing money from a person other than the accepter, the amount of borrowing and the use of money, the economic situation of the accepter, the amount of borrowing and the payment of money, the payment period and interest agreement, the repayment of principal and interest of the accepter, the demand and possibility of compulsory execution, etc. (see, e.g., Supreme Court Decision 2007Do3943, Sept. 7, 2007; Supreme Court Decision 201Do11616, Oct. 11, 2017).