The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the receipt of KRW 4 million among the facts charged in the instant case, the Defendant merely borrowed KRW 4 million from A and did not receive the said money as a bribe.

Therefore, the judgment of the court below which found the defendant guilty of this portion is erroneous, and even if it constitutes a bribe, the amount of the accepted bribery should be regarded as a financial profit for the said money, and thus, the judgment below which neglected this is erroneous in the misapprehension of legal principles.

2) Among the facts charged in the instant case, KRW 109,500 of the meal expenses paid by A does not constitute a bribe because it falls under the scope of a simple private ceremony.

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

B. In light of the fact that the amount of money and valuables and entertainment provided by the illegal defendant A is not large, that the defendant fully repaid 4 million won to A, that the defendant provided unfair preference or convenience to A in relation to his business, and that the defendant did not have any particular criminal record except for one-time fine, the sentence of the court below against the defendant (the imprisonment of four months, one year of suspended execution, one year of additional collection) is too unreasonable.

2. Determination

A. Determination 1 on the misunderstanding of facts and misapprehension of legal principles) The Defendant also asserted the same as the above, and the lower court rejected the Defendant’s assertion that, in full view of the following circumstances, it is difficult to view that the Defendant and A provided only meals for the purpose of social intercourse or funeral, or that the amount A paid to the Defendant was a loan as alleged in the Defendant, and that A offered entertainment and money as stated in the facts charged to the Defendant in return for soliciting the sale of medical devices, etc., and as a consideration therefor, offered entertainment and money as stated in the facts charged.

A) The Defendant and A from around 2004.