Defendant

The appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant, as a business director of the Dispute Resolution Co., Ltd, is merely a business director who conducts business activities with his/her own business affairs and receives the contingent money, and does not receive money from a public official under the pretext of solicitation or mediation.

B. The sentence of unfair sentencing (two years of imprisonment) by the court below is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, Article 111 of the Attorney-at-Law Act provides that "cases or affairs dealt with by public officials" shall be interpreted as referring to all cases or affairs except for himself/herself (see, e.g., Supreme Court Decisions 94Do940, Sept. 15, 1995). "Receiving money, entertainment, or other benefits" means cases where money and valuables are received under the pretext of mediating or arranging between public officials and clients with respect to cases or affairs dealt with by public officials. It does not include cases where money and valuables, etc. are provided to public officials for labor or convenience in connection with cases or affairs dealt with by public officials, but it does not include cases where money and valuables, etc. are received in consideration thereof (see, e.g., Supreme Court Decisions 97Do547, Dec. 23, 1997; 2003Do3145, Sept. 24, 2004). 205).

(1) The defendant is not a public prosecutor's office member of "the Institute of Bankruptcy"C, but a member.