The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Defendant A: The lower court erred by misapprehending the legal doctrine and erroneous determination of facts against Defendant A; and the name of the Defendant is omitted in each of the relevant items of the Defendant, unless there are special circumstances to the contrary.

The court rendered a not guilty verdict on the facts charged, which misleads the facts and misleads the legal principles.

In other words, the time when the defendant receives KRW 3 million is the first police officer on January 2013, 2013, and the defendant purchased TV by credit card has a considerable time difference on January 26, 2013, and the purchase price (2,889,000) does not coincide with that.

(2) There is possibility that the integrated statement, etc. submitted by the defendant may be forged or altered after the fact.

(3) There is no assertion that the defendant had had prior consultation with the council of occupants' representatives before the second court date in the original trial.

B. As to Defendant B, the lower court’s sentence of unreasonable sentencing (a fine of KRW 5 million) is too unhued and unreasonable.

2. Determination

A. Part on the assertion of mistake of facts and misapprehension of legal principles (Defendant A) is established when a person who administers another person's business acquires property or property benefits in return for an unlawful solicitation in connection with his/her duties. Thus, even if a person who administers another's business receives an illegal solicitation in connection with his/her duties, the above crime is not established (see, e.g., Supreme Court Decision 2006Do1202, Apr. 24, 2008). 2) The lower court did not have any circumstance to deem that various materials submitted by the Defendant were forged or altered ex post, and according to such materials, the Defendant, a general director of the council of occupants' representatives of the apartment complex of this case, was entrusted with the "purchase of goods for opening a senior citizen's family" as determined by the council of occupants' representatives.