The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a misunderstanding of facts and legal principles, the money that the Defendant received from F (hereinafter “F”) does not receive as consideration for F’s solicitation to select F as an advertising agency for D Co., Ltd. (hereinafter “D”).

After the Defendant was selected as an advertising agency by F, the Defendant only intended to perform his duties and received the consideration.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined that the Defendant and F made an illegal solicitation to the effect that the Defendant and F would help in selecting F as D Advertising Agency by taking account of the following circumstances acknowledged by evidence, and that the amount the Defendant received from F was the price for such unlawful solicitation.

① On April 201, the Defendant, as the director of the D marketing team, was in the position of assisting L, the team leader, to perform duties concerning the selection of advertising agency or to have influence on the selection of advertising agency.

The Defendant recommended F to participate in the process of selecting an advertising agency through G while running the business of recommending candidates for an advertising agency, and recommended L to recommend F as a candidate for an advertising agency.

② When F is selected as an advertising agent by G, the Defendant changed the fee.

G delivered the request of the defendant to M and I as the F decision-making authority, and M et al. understood that this is different from the price for the selection of the advertising agency.

After the F was selected as an advertising agency, the Defendant and F agreed to pay approximately 2% of the advertising agency fee to be paid from D.

③ The Defendant received approximately KRW 170 million from F for seven months, which is the amount exceeding three times the Defendant’s annual salary at that time.

The Defendant made efforts not to inform the F of the receipt of money by using a borrowed account, etc.

(4) When the defendant is selected as an advertising agent from G.