All appeals are dismissed.

The grounds of appeal are examined.

When a public official receives money, valuables, or other benefits from a person subject to his/her duties, barring special circumstances, such as the fact that he/she is merely a religious reward in light of the social norms, or that his/her personal-friendly relationship is recognized as a result of the need for teaching. If a public official received money and valuables in relation to his/her duties, he/she shall not be deemed to have no relation to his/her duties.

Even if the accepted money and valuables are received as a bribe (see, e.g., Supreme Court Decisions 2001Do6721, Jul. 26, 2002; 2012Do6280, Aug. 30, 2012). In addition, in the case of bribery, if the consignee claims that he/she received the money from the accepter but he/she borrowed the money from the accepter rather than receiving the said money, whether the consignee actually borrows the money should be determined by comprehensively taking into account all objective evidence, such as motive, delivery process and method, relationship between the accepter and the accepter, the relation between the consignee and the accepter, the position and occupation and career of the latter, the necessity of the borrower, the amount of the loan, the economic situation of the accepter, the economic scale of anticipated economic benefits related to the guarantee, whether to provide collateral, the maturity of payment and interest agreement of the accepter, the possibility of repayment of the principal and interest at the time of default of the obligation, and the possibility of compulsory execution.

(2) In light of the legal principles as seen earlier and the evidence duly admitted by the lower court, the lower court reversed the first instance judgment that acquitted the Defendants on the grounds indicated in its holding and sentenced the Defendants guilty of the instant charges, and contrary to what is alleged in the grounds of appeal, it is justifiable to reverse the judgment of the lower court and to have determined the Defendant guilty of the instant charges.