The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding [the fact that the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] of the J's prosecutor's statement, which corresponds to this part of the facts charged, is consistent with the circumstances and amount of the defendant's demand for fees in return for good offices, but

In addition, the defendant's statement to the effect that Q does not participate in the loan business because it does not comply with the defendant's assertion, even though Qu's statement to the effect that it is difficult to examine whether there is a formal defect in the documents at the parking lot in the new cooperation mining area upon the request of the defendant for the submission

Ultimately, the defendant's 55 million won received from J should be viewed as a brokerage fee not paid in return for performing the overall work of the Corporation.

Nevertheless, the court below rejected the credibility of the J prosecutor's statement, and found Q without credibility and that the above 55 million won was paid for the performance of overall work by the Corporation based on the testimony in the court of original trial by the J court of original instance, and found the Defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (the fine of KRW 1,000,000) is unreasonable as it is excessively unhutiled.

2. Determination

A. On November 2010, the Defendant of this part of the facts charged: (a) received a request from the J to grant a loan as security at the office at the site of the I of Busan-gun, Busan-gun; and (b) received a request from the J to grant a loan by requesting the head of the new cooperation branch with which he knows well-known; and (c) received money and valuables as to the arrangement of matters belonging to the duties of executive officers and employees of each financial institution as a loan intermediary fee, from January 18, 201 to KRW 50 million on or around January 18, 201; and (d) received KRW 5 million on or around 19th of the same month; and (e) received money and valuables from each financial institution. (b)