The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and a fine of twenty-five million won.

The above fine shall be imposed on the defendant.

1. The defense counsel’s assertion that the Defendant, a member of the Design Advisory Committee, is not a member of the Design Advisory Committee, and is not deemed a public official in connection with the deliberation of the instant case, is beyond the scope of supplement of the grounds for appeal, and thus cannot be a legitimate ground for appeal.

In addition, considering the legislative purport of Article 45 subparagraph 2 of the Construction Technology Management Act, which requires a member of the Design Advisory Committee to be deemed a public official in the application of bribery, the purpose of the design deliberation subcommittee within the Design Advisory Committee, and the role of the design deliberation subcommittee, it is reasonable to interpret that the Defendant’s design deliberation subcommittee as a member of the Design Advisory Committee under Article 45 subparagraph 2 of the Construction Technology Management Act is deemed a public official in the application of bribery as a member of the Design Advisory Committee under Article 45 subparagraph 2 of the Construction Technology Management Act, and such interpretation does not constitute an expansion interpretation of penal

After comprehensively considering the favorable or unfavorable sentencing factors of the Defendant, the lower court sentenced the Defendant to the scope of sentence recommended by the sentencing guidelines of the Sentencing Commission (two years to four years of imprisonment), and sentenced the Defendant to a fine of twenty years and six months of imprisonment, and a fine of thirty million won (additional collection KRW 40 million).

The defendant's crime of this case is a member of the E-Design Advisory Council, who is deemed a public official, with a high level of social harm that impedes the fairness of execution of duties and the trust thereof, and the amount of money received by the defendant reaches 40 million won in total. In particular, the defendant receives money from the participating company in the bidding, which is subject to deliberation and evaluation.