The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In all of the facts charged in this case, the Defendant was committed under B, and the Defendant was not involved in the receipt or use of KRW 60 million with respect to the crime on April 23, 2009, and the Defendant was not involved in the issuance of the check as indicated in the judgment below and the receipt or payment of KRW 29 million with respect to the crime on January 23, 2010, the lower court found the Defendant guilty of the facts charged in this case, and erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact

Even if there is a combination between several persons, a public contest relationship is established, and even if a person who did not directly participate in the act of execution since such a conspiracy was conducted, he/she is held liable as a principal offender for the act of another public contest. The above public contest can be acknowledged by the circumstantial facts and empirical rules even if there is no direct evidence (see Supreme Court Decision 2003Do4320, May 11, 2006). 2) The following circumstances acknowledged by the evidence duly adopted and investigated in the court below's decision on April 23, 2009, which were duly adopted and investigated by the court below in consultation with B, can be acknowledged that the defendant receives KRW 60,000,000 from the victim company as a expense for attracting investments by L (hereinafter referred to as "L") which is a Italian corporation in collusion with B.

Therefore, this part of the defendant's argument is without merit.

(1) The defendant is the actual representative of the Z, and B is the team leader of the above company.