The appeal is dismissed.

The grounds of appeal are examined.

1. Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that the instant facts charged that the Defendant received KRW 90 million from B through T is recognized, and rejected the grounds for appeal for erroneous determination of facts that asserted this, on the ground that there is credibility in the statement of B and T that the Defendant provided money to U as a support payment, and that the Defendant offered KRW 90 million to the Defendant four times.

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belongs to the free judgment of the fact-finding court.

In addition, even if the reasoning of the lower judgment is examined in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Meanwhile, according to the records, the Defendant asserted in the statement of grounds for appeal that the Defendant’s money delivered to the Defendant via T cannot be deemed as a bribe to U, and thus, the crime of acquiring third-party bribery is not established. The lower court rejected the Defendant’s appeal without direct determination.

However, the first instance court determined that the said money delivered by B was comprehensive business relationship and quid pro quo in light of U’s duties and the duties of B, and found the Defendant guilty of the facts charged in this case that he received KRW 90 million from B through T under the pretext of delivering a bribe.