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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) is a person who has entered into a contract with I (State) and a sales agency contract with the Bank of Korea, and is engaged in business activities and received sales fees therefrom, and does not receive money from public officials under the pretext of solicitation or mediation.
2. Determination
A. The phrase "cases or affairs dealt with by public officials" under Article 111 of the Defense Act means cases where the public officials receive money, valuables, entertainment, or other benefits under the pretext of mediating the public officials or their clients with respect to the case or affairs dealt with by the public officials. It does not include cases where the public officials simply provide labor or convenience in connection with the case or affairs dealt with by the public officials and receive money, etc. in consideration thereof (see, e.g., Supreme Court Decisions 97Do547, Dec. 23, 1997; 2003Do3145, Sept. 24, 2004); and where the public officials or their clients merely provide them with the same character as those of the public officials or their clients in consideration of the nature of the above solicitation or affairs, the court below ruled that the public officials or their clients are able to receive money, valuables, or other benefits in consideration of the nature of the above solicitation and rendered them in consideration of the character of the public officials or their clients (see, e.g., Supreme Court Decision 2007Do45., supra.