The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

Article 45 of the Construction Technology Management Act provides that only a member of the Design Advisory Committee, who is not a public official, shall be deemed a public official in the application of the crime of bribery. The defendant is only commissioned as a member of the Design Advisory Committee, and there is no commissioned member of the Design Advisory Committee. Therefore, Article 45 of the Construction Technology Management Act, which is a public official provision, shall not

The sentence of imprisonment with labor for not more than one year, suspension of execution for two years, fine and additional collection charges, respectively, is too unreasonable.

Judgment

The summary of the facts charged is that the Defendant is a professor of D University Environment Landscaping from May 201 to December 201, 201, who is commissioned as a review member of the Korea Environment Corporation and the Design Advisory Committee (Turn-Key) and is appointed from the various design and construction works ordered by the said Corporation (Turn-Key) as a review member, the Defendant was in charge of the review and evaluation of the design documents submitted by each company participating in the bidding.

On February 8, 2011, the Defendant was asked by the F team leader of E Co., Ltd. (hereinafter referred to as “E”) to give good scores to E when designing and evaluating the trac bidding work. Around February 8, 2011, the Defendant was selected as a review member of the construction and landscaping division within the Design Advisory Committee of the Korea Environment Corporation, which is located in the Seo-gu Incheon Metropolitan Government Green Technology Promotion Team Office, ordered by the said Corporation. The Defendant determined the design documents submitted by Econsium and H Consium Co., Ltd., which participated in the bidding and submitted respectively by the Econsium and H Consium, and around February 25, 201, around February 25, 2011, issued 14.80 points corresponding to Econsium among the participating enterprises.

After that, the defendant, around March 16, 201, is at the office of the defendant in the D University located in the reasonable district of Cheongju-si.