The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal filed an appeal on the guilty portion of the lower judgment, and withdrawn the above appeal on November 19, 2012.

According to the evidence submitted by the prosecutor, such as the statement of fund execution prepared by employees of G Co., Ltd. (hereinafter “G”) and the account details of G, etc. under the management of H, despite the fact that the lower court may fully recognize the fact that the Defendant received money and valuables or received entertainment from H in exchange for unlawful solicitation as stated in the facts charged at the date and place of the charge, and at the same time and place where the lower court acquitted the Defendant, the lower court acquitted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence [the suspended sentence (the suspended sentence: a fine of 500,000 won), 397,000 won] is too uneasible and unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts in a criminal trial should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent of undermining the aforementioned conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 201). 2) As evidence directly consistent with the facts charged in the part that the court below acquitted the defendant, there is a statement of execution of the above funds and a work log, which is consistent from the investigative agency to the court below, provide D employee, etc., with money and entertainment in order to conceal expenses disbursed for another place, such as personal use, in relation to theO that is a partner.