The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

130 million won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal on the judgment of innocence: misunderstanding of facts and misunderstanding of legal principles with respect to the judgment of not guilty: G already made an illegal solicitation to the effect that the investigative agency already selected the I building (hereinafter “the instant building”) as the K Center of the E Association, an incorporated association (hereinafter “E Association”) and made it possible for the Defendant to receive brokerage fees; and the Defendant was involved in the process of making a decision on the selection of the building and the purchase price; according to the account tracking and the statement made by the investigation agency by the Defendant, N, J, andO, G paid directly or through N to the Defendant, it is sufficiently recognized that the amount paid by G directly or through N constitutes an illegal solicitation.

Nevertheless, the court below found the defendant not guilty of the facts charged in this case on the ground that he had credibility in the reversal statement of G and N, and erred by misapprehending the legal principles.

2. Determination

A. The judgment of the court below: The court below acquitted the defendant of the facts charged in this case on the ground that the evidence submitted by the prosecutor in full view of the following circumstances acknowledged by the adopted evidence alone cannot be deemed as proved to the extent that the defendant received an illegal solicitation from G during the process of selecting and trading the building of this case as the E Association’s hall and received a total of KRW 132 million in return for the illegal solicitation.

1) At the prosecutor's office and the court below's trial, G introduced the instant building owned by H Co., Ltd. (hereinafter "H") upon request of the Defendant to color a building suitable for the use of the E Association's hall as water at around February 2009. On September 10, 2009, E Association purchased the instant building from H to 16.2 billion won and completed the payment of the price by November 12, 2009.