The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The money received by the defendant by mistake of facts does not constitute a bribe because there was no relevance to duties or a quid pro quo.

(b) Sentencing of the original judgment: Imprisonment with prison labor for six months, suspension of execution one year, fine of ten million won, community service work hours, and additional collection of five million won;

2. Determination

A. There was no new objective reason that could affect the formation of a documentary evidence in the appellate court’s trial process of a determination of mistake of facts, and the determination of the value of evidence in the first instance court was clearly erroneous.

Where there is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, the judgment on the fact-finding of the first instance court shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court rejected the Defendant’s assertion in full by taking into account the following circumstances as stated in its reasoning: the Defendant and the co-defendant B’s statements at each investigation agency and court of the lower court; the relationship between the Defendant and the co-defendant B; and the Defendant’s economic condition at the time of receiving KRW 5 million from B; and then, found

Examining the above judgment of the court below in a thorough comparison with the records, the judgment of the court below was clearly erroneous.

There is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, this part of the defendant's assertion is rejected.

B. The lower court rendered a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act with regard to the allegation of sentencing. A person under the sentence: (a) in light of the nature of the instant crime, etc., the Defendant’s liability for the crime is heavy, and the serious reflectivity is necessary.