The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor and fines of KRW 30,000,000, and Defendant B shall be punished by imprisonment with prison labor for up to eight months.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misunderstanding of the legal principles [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery and the offering of bribe] 1) Defendant A’s duties as a Si Council member is not closely related to the conclusion of a government-level construction contract for a government-level subcontract, the head of Eup/Myeon/Dong leading to the establishment of the Eup/Myeon/Dong, and cannot be deemed as a business under its jurisdiction

2) The Defendants had been operating the E Co., Ltd. prior to Defendant A to become a Si Council member, and the amount Defendant A received from Defendant B is merely a settlement of profits based on such a business relationship, and thus is not recognized as a bribe.

3) Unlike the facts stated in the facts charged, the lower court determined that the amount that Defendant A received from Defendant A was an unfair benefit in relation to the duties performed as a Si Council member, regardless of whether Defendant A asked Defendant A to accept a contract for construction.

This is in violation of the principle of disadvantage and disadvantage that actually gives rise to the defendants' exercise of their right of defense.

B. The sentence of the lower court (Defendant A: imprisonment with prison labor for 5 years and fine for 100 million won, additional collection of 81850,000 won / Defendant B: imprisonment for 1 year and 6 months, suspended execution for 3 years, community service, etc.)

2. Judgment on the Defendants’ misunderstanding of facts or misapprehension of legal principles

A. The summary of the facts charged in this part of the facts charged is that Defendant A is elected to C City Council members through simultaneous local elections on June 2, 2010, and is a public official in political service who was elected through simultaneous local elections on June 4, 2014. From July 2012 to June 2014, Defendant A concurrently holds office as the chairperson of the Special Committee on Settlement of Accounts for Budget from July 2012 to June 2014 among the Standing Committees of C Council, and is related to the revitalization of the regional economy, support for small and medium-sized enterprises, establishment of agricultural policies, promotion of policies for agriculture, implementation of policies for local accommodation projects, etc.