The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

426,00,000 won shall be collected from the defendant.

It also includes various expenses and funds in the name of the project fund related to the KT Waste Removal Project and Ulsan TT Waste Removal Project, which is irrelevant to the pretext of solicitation for the public officials to receive removal works such as the defendant's activity expenses and Pyeongtaek District Factory, etc., among the funds received by the defendant 46 million won from E.

Therefore, among the above KRW 446 million, only the amount that the defendant received under the pretext of solicitation related to the order for removal works such as Pyeongtaek-si Factory, etc. shall be collected, and if the amount cannot be specified, the full amount of the above amount shall not be collected.

The judgment of the court below that collected the full amount of KRW 46 million from the defendant was erroneous or erroneous in the misapprehension of legal principles.

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

On October 8, 2012, the lower court acknowledged that the Defendant received KRW 20 million, which was received through L account on the part of October 8, 2012 on the part of the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine, by comprehensively taking account of the evidence at the time of the purchase, the lower court accepted that the Defendant received KRW 20 million, which was received through L account on October 8, 2012, among the total amount of KRW 46 million received from E, in solicitation of related public officials so that the Defendant would receive removal construction works for the factories located within Pyeongtaek I as well as the remaining money.

However, the following circumstances revealed by the record, that is, witness E of the court below, was a G employee.

L was operated by the Defendant and L in order to receive civil engineering works in Ulsan-gun, Ulsan-gun. At the time, the Defendant and L was urgently prepared to perform removal works and exceeded 30 million won.

At the time G has a fact of reviewing feasibility by sending two employees.

“The statement” (73,74 pages of the trial record);