The judgment below

The part against the defendant shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles, the time when the Defendant, by misapprehending the AX apartment 506 dong 1204 (hereinafter “instant apartment”) in Kimpo-si, leased the AX apartment 506 dong 1204 (hereinafter “instant apartment”) to D without compensation, was around March 201, and thus, the Defendant completed an act of providing property benefits.

D was not a public official at the time, and was appointed to the president of the AE Tourism Corporation who is deemed a public official on July 18, 201.

On July 201, 201, at the request of D around July 2011, the Defendant prepared a lease contract for the apartment of this case in a formal manner and prepared it.

Even if the intention of free lease has been renewed for the crime of offering a bribe

shall not be deemed to exist.

The conclusion that the defendant's crime of giving a bribe is established is a mistake of fact and a misunderstanding of legal principles.

B. The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.

2. The prosecutor of the judgment ex officio changed the crime of receiving the existing bribe from the trial court to the primary charge and reduced the amount of the bribe to 27,883,561 won in the indictment as seen below, and added the crime of receiving the bribe to the ancillary charge of the crime of embezzlement, and applied Article 357 (2) and (1) of the Criminal Act to the name of the defendant, "Article 357 (1) of the Criminal Act," and applied Article 357 (2) of the Criminal Act, "Article 357 (1) of the Criminal Act," and applied Article 357 of the same Act to the amendment of the indictment to add the charges as mentioned below. Since

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake and misunderstanding of legal principles as to the changed primary facts is still subject to the judgment of this court, and this is examined.

3. Judgment on the Defendant’s misunderstanding of the facts and misapprehension of the legal principles (Judgment on the primary facts charged)

A. The summary of the primary charge is that a private business operator leases a lot of 5.1 million square meters from AEdo (hereinafter “AE Do”).