The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

However, misunderstanding of facts and misunderstanding of legal principles are also consistent and concrete from the time when a written statement is submitted to an investigation agency to the court of original trial, which read that "when the defendant indicates the name of a company of F or below that he operates, the statement of "stock company" is omitted. The amount of "J" products exclusively treated was reflected in the tender announcement manual, and thereafter, during the course of the delivery of Kamermeras, the amount of KRW 100 million should be given as a solicitation to the upper line of the person in charge of Kameras." This is also consistent with the statement of AI which was working for F. The above statement is believed.

In addition, considering the fact that the Defendant himself prepared a false service contract between C and F in order to receive money from D, and the fact that it is unclear whether the Defendant specifically provided any labor or supplied any software exchange program, it is sufficient to view that the money paid to the Defendant is paid to the Defendant as a solicitation rather than a price for the provision of labor or service.

Even if the Defendant provided some labor or services to the H Corporation (hereinafter “instant Corporation”), it is reasonable to view that the entire money was paid as the pretext of solicitation for the executives and employees of the G Corporation, since the Defendant’s receipt of money is indivisiblely combined with the pretext of solicitation for cases or affairs dealt with by the executives and employees of the G Corporation.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the “title of solicitation of good offices” in the crime of violation of the Attorney-at-Law Act, and acquitted the instant facts charged.

Judgment

The lower court’s judgment, first, provides labor or convenience in connection with the case or affairs handled by public officials, and accepted money and valuables in consideration thereof.