The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant knew or was expected to have known that the victim would be paid as expenses for the expansion of police investigations or for rain funds, etc., and had no intent and ability to do so, such as the expansion of investigation. Therefore, the lower court acquitted the Defendant on the charge of this case even if he was fully convicted of the facts charged, it erred by misapprehending the legal principles and misconceptions of facts.

2. The lower court determined on the following grounds, based on the evidence submitted by the prosecutor, acquired 400 million won under the pretext of expenditure or rain funds, by pretending that the Defendant, even though there was no intention or ability to accept such a solicitation, received a solicitation from the victim F to prevent the expansion of investigation by the victim through the force of force or the connection surrounding human resources, and acquired 400 million won under the pretext of expenditure or rain funds.

It judged that there was a lack of recognition.

The Defendant stated at the first investigative agency that “F only received money from F, and there is no money transaction, and even F’s money deposited into H’s account is irrelevant to himself/herself.” After that, the Defendant reversed the statement to the effect that “F’s cash is required to be used as F’s expense, and was returned to him/her.” After the fact that the Defendant actually used the money deposited in H account was revealed, the Defendant reversed the statement to the effect that “F did not lend money to F, and received money from H account, including the money deposited in H account, from F.”

Therefore, the defendant's defense that F simply paid a large amount of KRW 400 million is difficult to easily understand, and the police's investigation into the multi-level financial companies operated by the victim is being conducted at many places at the time of the payment of the said money, so the victim is to avoid the investigation.