The defendant's appeal is dismissed.

Summary of Grounds for Appeal

There was no intention to offer the bribe to the defendant in mistake.

The Defendant merely understood that the request for donation of the E’s support payment was a business cooperation instruction for the benefit of the D Bank (hereinafter “D Bank”) and C Co., Ltd. (hereinafter “C”), and did not accept the request for a bribe, which is an economic benefit, from the E individual.

The punishment (fine 2.5 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

The lower court determined that, in light of the relationship between the D Bank and C, the status and authority of the president E, the Defendant’s appointment process of representative director C, the Defendant’s donation timing and circumstances, etc., the lower court determined that, at least, the Defendant donated the total of KRW 17.4 million to the members of the National Assembly designated by E with the intent to offer a bribe to E, with the intention to do so.

The specific reasons are as follows.

① On March 23, 2012, E merely stated that the Defendant’s list of members of the National Assembly was a list of members of the National Assembly, and that the said support was a political fund that he/she provided, and that the said support was paid at the D Bank or C’s corporate level.

② The Defendant donated support money not to company funds but to individual funds, and the donator was also named AE or AF, not in the name of the D Bank or C, and the said support money was called to the member of the National Assembly according to the direction of E after the donation.

③ Members of the National Assembly designated by E are only political persons whom E intended to personally sponsor.

The defendant reported the list of the members of the National Assembly in the prosecutor's office, and stated that E has no choice but to manage the members of the National Assembly, etc. belonging to the National Assembly.

(4) D banks or C shall be deemed not to have contributed political funds, such as support payments, to certain political parties at the former level of company.