The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The fact that the Defendant received and dealt with the legal affairs to receive 300 million won (E.10 million won and F.200 million won) from E and F with respect to H Co., Ltd. (the name of H Co., Ltd. was changed to I on March 5, 2008; hereinafter “I”), but there is no fact that the Defendant received and promised to receive benefits in return.

The decision of the court below on the unfair sentencing (the fine of five million won) is too unreasonable.

According to the evidence submitted by the prosecutor of the facts-finding or misunderstanding of the legal principles (not guilty part) the Defendant received 40,962,630 won in total from the economic benefits exceeding the reimbursement for actual expenses after having requested G to handle legal affairs to receive 400,000 won in relation to Q cafeterias on the coast Highway.

The sentence of unfair sentencing by the court below is unfair because it is too uneasible.

Judgment

The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below on the defendant's assertion of mistake of facts, i.e., E requested from the investigative agency to return the money invested in G around the end of 2009 to G at the court of the court below, and the F, which was invested in I at the time, requested the defendant to receive money from the defendant's office.

There is no fact that the defendant first demanded money in return for the handling of legal affairs, but the defendant agreed that the defendant will be able to receive money from G as well as F if he would work well.

Afterwards, the Defendant prepared a written accusation against G, a written accusation and a written additional accusation against G around September 2010, etc.