The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

misunderstanding the substance of the grounds for appeal and misapprehension of the legal doctrine, the Defendant did not receive KRW 19 million in total under the pretext of requesting L, a representative of G (hereinafter referred to as “G”) from June 2014 to April 2015, with the exception that he/she received approximately KRW 19 million in total from J and H, by requesting L to maintain the supply of the protocol by G (hereinafter referred to as “G”) to G from June 2014 to April 2015.

The judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

In a criminal trial, which is premised on the assertion of mistake of facts and misapprehension of legal principles, the conviction should be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). In a case where the issue of whether to receive money or valuables is raised, the defendant may have denied the receipt of money or valuables, and there is no objective evidence, such as financial materials to support the receipt of money or valuables, in order to recognize him/her guilty only with the statement made by the person who provided the money or valuables, the admissibility of the statement should be taken as well as the reasonable and objective reasonableness of the contents of the statement, and the consistency before and after the statement, and in particular, if there is a possibility that he/she will be a criminal suspect or a threat to the commencement of an investigation or a threat thereof, etc., the statement itself should be admissible.