The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In fact, the Defendant, as stated in the facts of crime 1.2, did not receive KRW 10 million from the victim C for the consideration of granting the right to operate a cafeteria in the newly constructed construction site of the YY C, as stated in the facts of crime, but the lower court found the Defendant guilty.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the last part of the charges No. 1. of the charges of this case, the prosecutor applied for the amendment of the Bill of Indictment with the content of "the person who directly received KRW 5 million from the injured on July 2009 in the name of the right to operate the restaurant," "the person who directly received KRW 5 million from the injured on July 1, 2009 in the name of the right to operate the restaurant," and since this court permitted it, the judgment of the court below cannot be maintained any more.

However, even if there are such reasons for reversal ex officio, the Defendant’s assertion of misunderstanding the facts is still subject to a trial by this court within the scope of determining the modified facts charged, and this is examined below.

B. The following circumstances revealed by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the first instance court and the trial court, namely, ① confirmed that the victim paid KRW 5 million to the Defendant through I around July 2009, and subsequently remitted KRW 5 million from the said F’s account to the Defendant’s account on August 12, 2009:

It is clearly stated that the above F is also clearly stated, and ② the above F is believed to grant the right to operate a restaurant at a new construction site of Yacheon CY on July 2009 from the original court to the Defendant and paid KRW 5 million to the Defendant.

The statements are consistent with the statements of the victim, and 3 the victim is the same as the above.