All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles made a full return by Defendant (1) upon the request of the Director General of the Mine-si Port Authority (the Director General) to deliver money to J through K, the Vice-Chairperson of G Co., Ltd. (the Director General), namely, upon the request of the Director General of the Department of Mine-si (the Director General of the Department of the Department of the Construction of Shipbuilding), the Defendant merely received KRW 100 million in return because it was impossible to deliver the money to J, and thus, the Defendant did not receive the above KRW 100 million with the intention of acceptance of good offices.

Since the defendant merely asked the J to conduct a review of G Co., Ltd., it cannot be deemed that there was an act of arranging it. Thus, it cannot be deemed that there was an intention to arrange for the defendant, as well as that the defendant merely did not have an influence on the work of J, and it cannot be deemed that the defendant used his status to influence the J.

Therefore, the defendant's act does not constitute a referral acceptance, and thus, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) which is the facts charged of this case cannot be established.

In addition, the defendant did not return only KRW 25 million to L, but returned KRW 100 million.

Therefore, the court below found the defendant guilty of the facts charged in this case and found that the defendant returned only KRW 25 million, or erred by misapprehending the legal principles on the crime of bribery.

(2) The lower court’s sentence of unreasonable sentencing (five years of imprisonment, one hundred million won additional collection and provisional payment order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable in light of the following circumstances established by the evidence duly adopted and investigated by the lower court, and this part of the Defendant’s allegation is with merit.