The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court.

The grounds of appeal are examined.

1. The term “act that does not contravene social norms” as prescribed by Article 20 of the Criminal Act refers to an act that is permissible in light of the overall spirit of legal order, or the social ethics or social norms surrounding it.

Whether a certain act is justified as an act that does not violate social norms, and the illegality is excluded, must be determined individually by examining the specific circumstances on the basis of the objective and reasonable basis.

In order to recognize such legitimate acts, the following facts are revealed according to the reasoning of the lower judgment and the evidence duly admitted. 2. The following facts are revealed in light of the following: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance of the legal interests of protected interests and infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method than the act (see Supreme Court Decisions 2002Do507, Dec. 26, 2002; 2014Do7302, Sept. 4, 2014).

A. On December 31, 2012, a public official in charge of contracts with D Kindergartens, I kindergarten, entered into a service contract with the content that the contract amount of KRW 280,000,000 for the contract amount and the contract period of the E kindergarten shall be from December 31, 2012 to March 10, 2013 for E kindergarten play facilities (hereinafter “the instant play facilities”).

B. After that extension of the contract period of the above construction work, E, on September 3, 2013, subcontracted the manufacturing and installation work of the instant play facilities to the Defendant for approximately KRW 160,000,000 with the consent of the public official in charge of D kindergarten.

(c)

By September 17, 2013, the Defendant continued to pay KRW 70,000,000 out of the construction price E.

However, on September 17, 2013, D kindergarten that inspected the said rate of the establishment of the said Corporation paid 43,000,000 won only to E.

E shall be the defendant, the above 43,000,000 won on the same day, and October 2013.