The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

91,028,791 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. (1) Fact-finding misunderstandings (1) 2-A of the criminal facts stated in the judgment below, the Defendant merely received money from J as a reward or a living expense, and does not receive money as a solicitation or intermediary in relation to the selection of the Seoul H H entrusted operation enterprise in Seoul.

(2) Criminal facts No. 2-2 of the judgment of the court below

B. As to paragraph (2), Defendant’s act of rain is against two mountain Heavy Industries Co., Ltd. (hereinafter “two mountain Heavy Industries”) that ordered O construction works ordered by L.

Since it is not related to L, it is not related to the affairs handled by the public officials, it is not money or valuables under the pretext of solicitation or mediation.

B. The sentence of the lower court that is unfair in sentencing (one year and two months of imprisonment, additional collection KRW 91,028,791) is too unreasonable.

2. Determination

A. The prosecutor was in the judgment of ex officio, and the facts charged No. 2

B. (2) Paragraph 3 of the same Article stated that “a contract for the subcontract of civil works and the supply of electric cables necessary forO” was amended to “a subcontract of civil works”, and this court applied for changes in indictment and permitted it to be tried. As such, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of facts is still subject to the judgment of the court, and this study will be examined.

B. (1) Determination as to the assertion of mistake of facts (1) as to the assertion of mistake of facts as stated in Article 111 of the Act (A) The attorney at the bar shall receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement concerning the case or affairs handled by a public official.

The term "public official" means the case in which money and valuables are received under the pretext of mediating between a public official and a client with respect to a case or affairs handled by a public official, and the case is merely the case in which money and valuables are received in consideration of labor or convenience in connection with the case or affairs handled by