The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. In light of the legal principles, the Defendant cannot be the subject of the crime of bribery, as he/she is the director of the corporation or the employee of the team leader or higher who is deemed a public official pursuant to Article 83 of the former Local Public Enterprises Act (amended by Act No. 10990, Aug. 4, 2011; hereinafter the same shall apply) and Article 80 of the former Enforcement Decree of the Local Public Enterprises Act (amended by Presidential Decree No. 22765, Mar. 29, 201; hereinafter

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one year of imprisonment, one year of suspended execution, 80 hours of community service, and 2.5 million won of collection) is too unreasonable.

Judgment

A. Article 83 of the Local Public Enterprises Act provides that "the officers of the Corporation, the Agency, and the employees prescribed by the Presidential Decree shall be deemed public officials in the application of Articles 129 through 132 of the Criminal Act." Article 80 of the Enforcement Decree of the same Act provides that "the staff of the Corporation or the head of the team or higher" under the above Enforcement Decree refers to the staff of the division or the head of the team or higher under the articles of incorporation of the Corporation or the head of the team or higher, or the staff of the team or higher under the above Enforcement Decree refers to the staff of the division or the head of the team or the head of the team or higher under the articles of incorporation of the Corporation or the head of the team or higher, based on the class of the class, and the question of whether the Defendant has the position of the head of the division or the head of the team or higher under the above Enforcement Decree is not examined (see, e.g., Supreme Court Decision 2009Do1460, Jan. 13, 2011).