The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

(b).

The judgment below

Criminal facts

No. 545, Jan. 1, 2005

1.(c)

1) Not guilty of not guilty of KRW 29,200,00 in the receipt of a third party bribe 29,200,000

1.(c)

1) B) AB M Juristic Person’s Receipt of a bribe of KRW 13,061,00 (B Acceptance of a bribe of KRW 11,245,000 out of that amount)

1.(c)

2) A) 11,60,500 won in comparison with A’s drinking value

1.(c)

2) Na) The summary of the judgment on the guilty guilty of the crime of breach of trust in the whole of the charges of fraud of fraud of 48,704,360 won due to cash, golf loans received 7,936,00 won 2 AB processing and delivery, and of 48,704,360 won

1. Summary of grounds for appeal;

A. In relation to the facts charged in relation to the crime of bribery 1), Q and R, who provided money and valuables to the Defendants, were indicted separately for the charge of offering the bribe, and appealed from the first instance court (Seoul District Court 2012Gohap734), and tried by this court as the court 2013No247, and the appeal case was sentenced on the same day as in this case. The entire appeal case was pronounced on the same day (the Defendant’s assertion). It cannot be deemed that there was a business relationship (the Defendant’s assertion), and there was no perception of a bribe as to a mere budget diversion (the Defendant’s assertion), and there was no perception of a bribe.

(B) The Defendants are Co., Ltd. M (hereinafter referred to as “M”) by means of processing delivery, most of the labor cost, cash, corporate card price, etc. received by the Defendants.

(i) The Korea Institute for Basic Science Support (hereinafter referred to as “the Institute for Basic Science Support”) was either returned to or promised to return;

The crime of fraud and occupational breach of trust is established, and the crime of bribery is not established separately. 2) With respect to the third party bribery part related to S and T Personnel Expenses (Defendant B’s assertion), the Defendants were in the position to request payment of personnel expenses through processing and delivery to Q and R, so there was no illegal solicitation from them.

3. The part concerning acceptance of bribe against Defendant A.