All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Although Defendant 1 delivered 30 million won to D by mistake of facts, the court below found Defendant 1 guilty of this part of the facts charged even though he was given a loan to D by the Defendant, and the Defendant did not make an illegal solicitation at the time of giving or receiving the above money. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. Determination

A. In regard to the Defendant’s assertion of mistake of facts, in the crime of accepting a bribe in breach of trust or the crime of accepting a bribe in breach of trust, where the inquires of the fact that the receiver received the money from the person who received the gift but instead received the money from the person who received the gift, whether the borrower actually borrowed the money should be determined by taking full account of all objective circumstances revealed by evidence, such as the motive, process of delivery, and method of receiving the money from the person who received the gift, the relationship between the inquirer and the person who received the gift, the position, occupation and career of the two, the necessity of the borrower and the possibility of borrowing the money from the person other than the person who received the gift, the amount and means of borrowing the money, the amount of the money received and the amount of the money, the economic situation of the person who received the gift, whether to provide a collateral, the interest rate and whether to pay the principal and interest of the inquirer, the demand of the

In addition, illegal solicitation in the crime of giving rise to breach of trust under Article 357 (2) of the Criminal Code refers to that the solicitation goes against social norms and the principle of good faith, and in determining this, the property or property gains acquired in relation to the contents of the solicitation.