The prosecutor's appeal is dismissed.

1. Where a public official receives a bribe in the course of performing his/her duties concerning any work related to his/her own duties, the crime of acceptance of bribe shall be established;

At the time of receiving a bribe, the Defendant was a state public official who served as a professor in civil engineering and engineering of the Korea National University.

The duties of the design evaluation committee members in the road works bid ordered by the state are closely related to the duties of the national university civil engineering and professors.

Thus, it should be deemed that the defendant's duties are within the scope of duties as a professor of the National University. Thus, even if the defendant accepted a bribe after the completion of his duties as a design evaluation review committee member, he receives a bribe in relation to his duties as a public official.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which acquitted the Defendant of the facts charged.

2. The summary of the facts charged is a public official who was appointed as an assistant professor on October 1, 1989 and as a full-time lecturer at D University, a national university, for the career engineering and as a full-time lecturer on September 1, 1987, and was promoted to a associate professor on October 1, 1993. On October 1, 1998, the Defendant was promoted to a full-time professor and served as a public official for the career engineering and as a full-time professor at D National University until now.

On March 2009, the Defendant, who is a public official, ordered the National University civil engineering engineering and professors by the Ministry of Land, Transport and Maritime Affairs (Turn-Ky, design and package deal) method, was appointed as a design evaluation committee member on October 12, 2009 in accordance with the relevant Acts and subordinate statutes, including the Construction Technology Management Act, the Enforcement Decree of the same Act, the Regulations on the Operation of Construction Technology Development and Management, etc., concerning F road works in which the consortiums, etc. failed to comply. From that time, the Defendant was selected as a design evaluation committee member on October 12, 2009.