The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant received KRW 200 million from C (hereinafter “instant money”).

A) The Defendant was only a personal loan from C, and G (hereinafter “instant golf course”).

(1) is not a bribe in connection with the completion inspection (hereinafter referred to as “A”).

(2) At the time of the receipt of the instant money, the Defendant registered as a candidate for local elections, and registered as a candidate by the head of the Gun as a candidate for the instant local elections pursuant to Article 111(2) of the Local Autonomy Act, and did not actually exercise his authority because he was unable to exercise his influence on the public officials in charge of permission, and thus, the Defendant did not accept the instant money in relation to his duties.

(hereinafter referred to as “B Chapter”). (b)

The sentence of the lower court on unreasonable sentencing (one year of imprisonment and a fine of 200 million won, additional collection of 200 million won) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misunderstanding of legal principles as to a claim for misunderstanding of facts (1) where the consignee claims that he/she received money from the accepter but not from the accepter, the question of whether the consignee actually borrowed the money should be determined by comprehensively taking into account all objective circumstances revealed by evidence, such as motive, delivery process and method, relation between the accepter and the accepter, the relation between the accepter, his/her position and occupation, his/her career, the necessity of borrowing the bribe and the possibility of borrowing the money from the person other than the accepter, the amount of borrowing and the possibility of borrowing the money from the person other than the accepter, the economic situation of the accepter and the amount of borrowing, the amount of borrowing and the use of the money, the economic situation of the accepter, the amount of financing, the existence of security, the repayment of the principal and interest of the accepter, the demand of the accepter in default

(see, e.g., Supreme Court Decisions 2007Do3943, Sept. 7, 2007; 2012Do5356, Jun. 14, 2013). (b) Such a legal doctrine.