The prosecutor's appeal is dismissed.

According to the consistent statement of H on the part of the receipt of money and valuables in the name of intermediation from H (fact-finding) and the investigation records of P, Q and R as well as I Bank's executive officers' statements, P, Q and R, and monetary statements between H and H, the Defendant and H, Q and BE received money and valuables from H from time to time, and received request from H for police investigation related to I Bank's request from H, the lower court erred in the misapprehension of facts as to this part of the charges.

Considering that the providers of the part of the receipt of money in the name of intermediation T, delivery P, intermediate delivery, H’s respective statements, W’s statements, Ha’s driver, Ha’s records, time of movement, etc. from T, the Defendant could fully recognize that he received KRW 10 million from T after receiving a police investigation request from P for the T, but the Defendant could fully recognize that he received KRW 10 million under the pretext of intermediation through V and P. However, the lower court erred in the misapprehension of the facts charged.

In light of the consistent statement of P, H, W’s statement, investigation records of the Seocho Police Station on P, and the entrance records of the National Police Agency, etc., the defendant was fully recognized that he/she received KRW 10 million from P in the AD hotel coffee shop as a broker for investigation of P on February 201, the first instance court did not properly determine the value of evidence due to formal evidence judgment and acquitted him/her of this part of the facts charged.

Judgment

The lower court’s determination on the receipt of KRW 30 million in total over four occasions of the determination on the receipt of money and valuables from H is based on the following circumstances, i.e., that the Defendant received KRW 10 million in total over two times from H as at the date of the Information Bureau of the National Police Agency, i.e., the Defendant received KRW 5 million in total.