The prosecutor's appeal is dismissed.

1. In light of the statements of the victim who delivered the money directly to the defendant, the statements of L or K providing the money to the victim, etc., the defendant can be recognized that the defendant received the money stated in the facts charged from the Korean Land and Housing Corporation employees as solicitation money.

2. Based on the circumstances stated in its holding, the lower court determined that the Defendant was innocent on the ground that the victim’s testimony and statement in the court of the lower court’s trial in the investigative agency cannot be trusted, and the remaining evidence presented by the prosecutor alone alone insufficient to recognize the Defendant as guilty without any reasonable doubt.

In light of the following circumstances cited by the court below as the grounds for not guilty: (a) the victim loaned money to J, who is an employee of the Korea Land and Housing Corporation, and paid 2 million won in cash to the defendant at the beginning of the year 2010, the possibility that the victim paid 200 million won in cash to the defendant as a loan or a money; and (b) the amount paid in August 5, 2010 between the victim and L on August 31, 201, the "Agreement on the Termination of the Contract and Return of Investment Funds" was prepared between the victim and L on August 31, 2010, and the defendant settled that the defendant would return 120 million won in cash to L; and (c) the victim did not mention the same in the first case that the victim was punished due to the violation of the Attorney-at-Law Act; and (d) the victim appears not to have been finally liable to the defendant for a bribe or conversation with LK and the defendant on his own.