The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and six months and by a fine of twenty-five thousand won.

The defendant above.

1. Summary of the grounds for appeal;

A. The Defendant, on September 2010, received a bribe of KRW 5 million from L in the place of an entertainment drinking club near the entertainment drinking club, and did not receive a bribe of KRW 20 million from L in the said entertainment drinking club. However, the lower court found the Defendant guilty of this part of the facts charged, in so determining, erred by misapprehending the legal doctrine.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the penalty of KRW 40 million for imprisonment and fine of KRW 3 years, KRW 40 million) is too unreasonable.

2. Determination of the grounds for appeal (as to the Defendant’s assertion of mistake of facts)

A. In a case where the Defendant, who was identified as the accepter in the relevant legal doctrine of the bribery, denies the fact of the acceptance of the bribery and there is no evidence such as financial materials to support the receipt of the bribe, the evidence should be admissible, and there should be credibility enough to exclude a reasonable doubt as well as the reasonableness, objective reasonableness, and consistency in the contents of the statement in order to determine the credibility. In addition, the issue of whether there is credibility should also be examined not only the rationality, objective reasonableness of the contents of the statement itself, but also its human being, and whether there is an interest in the statement obtained by the statement.

(See Supreme Court Decision 2005Do4202 Decided February 14, 2008). B.

Judgment

In this case, the defendant B [J Co., Ltd. (hereinafter referred to as "J")]

) Although it is recognized that the representative director received a bribe of KRW 25 million from L (at that time) upon the instruction of L (J), it is denied that the defendant received a bribe of KRW 20 million in addition to the bribe of KRW 20 million from L in the content entertainment bars located in Ansan-dong while the end of September 2010 (the defendant recognized the fact that the defendant received KRW 5 million from L in the content entertainment bars near L at that time).

For this reason, L ( directly in charge of the offering of a bribe) and J division at the time of M shall be admitted as evidence that corresponds to the offering of a bribe of KRW 20 million in the above content entertainment bars.