The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal: The Defendant, in accordance with the business consignment agreement entered into with E, provided labor or convenience in connection with the conclusion of the supply contract of PE lighting and received compensation, and did not cause the Defendant to have concluded a supply contract using personal-friendly relationship or connection with the public official.

Since it cannot be deemed that the defendant's act infringed on the fairness of official duties, the purchase of goods without fault, and the trust in society, the defendant is innocent.

2. Determination

A. The summary of the facts charged is that the Defendant entered into a sales consignment agreement with the employees of D (hereinafter “D”) located in Hancheon-si, Hancheon-si, the Defendant, who is an employee of D (hereinafter “D”) under the main sentence of D (hereinafter “E”) and the government offices, to receive 10-25% of the construction cost if he/she orders the E (hereinafter “E”) and the LED supply contract for the construction ordered by the government offices.

On January 15, 2014, according to the above contract, the Defendant: (a) arranged that E enter into a contract to supply the FES lighting materials to the said procuring entity; (b) received KRW 648,600 from E to the company bank account in the name of D on the same day; and (c) received KRW 125,09,826 in total on 39 occasions from around that day to November 30, 2017 as indicated in the attached list of crimes in the same manner as indicated in the attached list of crimes in the same manner.

As a result, the defendant received money and valuables on the pretext of solicitation or mediation for the affairs handled by public officials.

B. The purpose of Article 111(1) of the Attorney-at-Law Act is to eradicate the acts of giving and receiving money under the pretext of solicitation for cases or affairs handled by public officials by using a friendly relationship with public officials to ensure the fairness and integrity of public duties and the reliability of the society.

Constitutional Court en banc Order 201Hun-Ba40 Decided April 24, 2012