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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is sufficiently convicted of the facts charged of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) in which the defendant received a total of KRW 250 million,00,000,000 from the National Federation of Fisheries Cooperatives to the mediation of matters belonging to the duties of executive officers and employees of the financial company, including the contents of the financial advisory service agreement concluded between the defendant and the representative director of the F (the "G", July 27, 2007, hereinafter referred to as the "G"), the role of the defendant under the above service agreement, and the circumstances leading up to the conclusion of the "Unfinite Afinch Project Refincing agreement" in accordance with the above service agreement, as well as the developments leading up to the loan of KRW 2
Nevertheless, the court below rendered a not-guilty verdict on the facts charged in this case on the grounds as stated in its holding. The court below erred by misapprehending the legal principles on "reconciliation" in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes,
2. Determination
A. A. Around June 2006, the Defendant promised to collect 1% of the loan amount as commission upon the request of G’s representative director H to promote a comprehensiveme park development project, such as the Paris and amusement facilities, from F located in Busan-gu, Busan-gu, and receive a 25 billion won amount of PF loan from G’s representative director H.
On June 13, 2012, the Defendant entered into an agreement on the refinite Project Refinite with the National Federation of Fisheries Cooperatives (hereinafter “Finite Project Refinite”) and arranged to obtain a loan of KRW 25 billion from the National Federation of Fisheries Cooperatives, under the name of the J operated by the Defendant from the said H.