The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal - In light of the following facts: (a) Defendant A, the representative director of H Co., Ltd. (hereinafter “H”), was unaware of the facts, and was aware of the fact in the course of engaging in the business related to urban improvement projects; (b) Defendant A immediately borrowed money; (c) did not set the due date for payment; and (d) Defendant A did not pay interest pursuant to the monetary consumption lending and borrowing contract; and (c) Defendant A written a receipt for KRW 54 million to H immediately after the filing of the petition of this case, even if the charge of this case was found guilty, the lower court acquitted the Defendants of the facts charged on a different premise, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is the person who is the representative director of H established for the purpose of specialized management business, etc. as the head of the Daegu Dong-gu G Apartment Housing Reconstruction Improvement Project Association (hereinafter “the instant association”) from April 8, 2015 to the present date, and is in charge of the business of selecting an agent and contractor for implementing the housing reconstruction and improvement project. Defendant B is the representative director of H established for the purpose of specialized management business, etc.

No person shall provide or be provided with money, valuables, entertainment or other property benefits in connection with the selection of a contractor, designer or specialized manager of a rearrangement project.

1) On May 11, 2015, Defendant A prepared to select as a housing reconstruction and improvement project implementer at the association office of this case around May 11, 2015

B received money and valuables in relation to the selection of the specialized maintenance business operator under the name of "loan for the operation of the housing reconstruction and improvement project association".

Accordingly, the Defendant received KRW 3,00,000 from B to the Agricultural Cooperative Account under the name of the Defendant on May 11, 2015 and received KRW 54,00,000 from that time to December 22, 2015.