The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

According to the reasoning, with respect to the construction of sewage sludge land disposal facilities promoted by Busan Metropolitan City (hereinafter “instant construction”), the lower court determined that the Defendant was a member of the Busan Metropolitan City Committee on Deliberation on Construction Technology in Busan Metropolitan City (hereinafter “Nonsan Committee”) on the basic design and priority construction drawings (hereinafter “instant deliberation”) who was temporarily commissioned by the head of Busan Metropolitan City within the limit of 1/5 of its total number of members to efficiently conduct the deliberation on construction technology (hereinafter “instant deliberation”) of the Busan Metropolitan City Deliberation Committee on Construction Technology (hereinafter “Nonsan Committee”) on the basic design and priority construction drawings of the instant construction, and that the Evaluation Committee organized by the Defendant, etc. attended on May 18, 2010 at the Busan Metropolitan City’s meeting and held falls under the subcommittee of the Busan Metropolitan City Committee established pursuant to the Ordinance of the Busan Metropolitan City. Accordingly, the lower court determined that the Defendant accepted a bribe deemed a public official by receiving cash of KRW 30 million in return for receiving a request from a tendering company after the Defendant was commissioned as an appraiser for the instant deliberation.

In addition, in full view of the relevant laws and regulations, the lower court applied the Act on Contracts to Which a Local Government Is a Party to the Deliberation of this case to the Administrator of the Public Procurement Service when entrusting or entrusting the bidding of the instant construction project implemented by Busan Metropolitan City to the Administrator of the Public Procurement Service, and thus, the authority to deliberate this case to Busan Committee is deemed necessary to efficiently conduct the deliberation, and it cannot be deemed as exceeding the bounds of delegation prescribed by the former Construction Technology Management Act or the Enforcement Decree thereof. Thus, it constitutes the Busan Committee’s subcommittee.