The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of twenty-five thousand won.

The above fine shall be imposed on the defendant.

misunderstanding of the fact about the intention of the crime of accepting a bribe in summary of the grounds for appeal, and misunderstanding of the legal principles, the defendant did not know that K would receive a performance bonus when G deposits in the treatment securities through K, or could not have anticipated that K would receive a performance bonus. The employees of the treatment securities did not know about the performance bonus system.

Although there was no intention to accept a bribe against the defendant, the court below erred by misapprehending the legal principles as to the recognition criteria of the crime of accepting a bribe or by misapprehending the facts, which affected the conclusion of the judgment.

Although there is no relationship between the defendant's duty and the deposit of the fund for the purchase of stocks in G, the court below erred by misapprehending the legal principles on the payment of the fund for the crime of acceptance of a bribe, or by misapprehending the facts, thereby affecting the conclusion of the judgment.

Before the judgment on the grounds for appeal ex officio, the court below applied for amendments to the indictment with the purport that “the prosecutor acquired the pecuniary advantage, etc. to receive the contingent remuneration of KRW 11,072,974 from attracting the deposit money for stock purchase and sale” in the facts charged as follows: “The prosecutor obtained the status or opportunity to receive the contingent remuneration of KRW 11,072,974 from attracting the deposit money for stock purchase and sale; and obtained the same amount of benefit.” Since this court permitted this, the judgment below was no longer maintained.

However, even if there are such reasons for reversal in the lower judgment, the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine is still subject to the judgment of the lower court, thereby examining below.

Judgment on the Reasons for Appeal

A. The crime of bribery is a public official’s fairness in the performance of his duties, and the social trust in this regard, and the purchase of a non-performance of duties is a legal interest and is related to his duties.