The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 15 million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. According to the provisions of Article 45 subparagraph 2 of Article 45 and Article 5-2 of the Construction Technology Management Act, only a member of the Design Advisory Committee who is not a public official among the members of the Design Advisory Committee is deemed a public official in the application of the crime of bribery. Thus, the Defendant was only commissioned as a member of the D Design Advisory Committee, and the Defendant was not commissioned as a member of the D Design Advisory Committee, and the Defendant cannot be constituted the crime of acceptance of bribe by applying Article 45 of the Construction Technology Management Act, a public official’s provision

B. The sentence imposed by the court below on the defendant (one year of imprisonment and a fine of 15 million won, additional collection of 15 million won) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, Article 45 subparagraph 2 of the Construction Technology Management Act provides that when applying the provisions of bribery under the Criminal Act, a member who is not a public official among the members of the Design Advisory Committee under Article 5-2 of the Construction Technology Management Act shall be deemed to be a public official in the case where a person who is not a public official handles his duties as a member of the Design Advisory Committee in order to enhance the fairness and transparency of the deliberation of the Design Advisory Committee, he intends to take over unfair money in relation to his duties and punish him as a public official. However, Article 5-2 (2) of the Construction Technology Management Act provides that matters necessary for the operation, etc. of the Design Advisory Committee shall be determined by the contracting authority in accordance with the standards prescribed by the Presidential Decree, and the former Enforcement Decree of the Construction Technology Management Act (amended by Presidential Decree No. 24390, Feb. 20, 2013) shall