All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts did not have any way between M and M before I was introduced by M, and even if the defendant requested M to lend KRW 300 million to M, M did not have any special trust as much as M lent it.

M took charge of the whole process of offering of a bribe, such as the franchising of 300 million won with N's funds, upon I's request as a long-standing person of I.

In light of this, the actual subject of bribery of KRW 300 million to E is M rather than the defendant, and M is merely lending KRW 300 million to the defendant in order to have the appearance of the defendant, such as the delivery of bribe, after consultation with I.

Nevertheless, the court below found the defendant guilty on the ground that the person who provided a bribe to E is the defendant, by misunderstanding the facts.

The sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

Defendant

D: The sentence imposed by the court below on Defendant D (two years of suspended sentence in six months of imprisonment) is too unreasonable.

Judgment

Defendant

The following circumstances are acknowledged based on the evidence duly adopted and examined by the court below and the trial court as to the assertion of mistake of facts: ① the defendant needs to be provided with various administrative convenience, such as collateral loan for the school relocation project promoted by K Co., Ltd. ② When the defendant was asked by E to provide KRW 300 million to be used for the repayment of election damages, the defendant is expected to provide the above administrative convenience and borrowed KRW 300 million from M to provide it to E; ③ M is expected to be able to participate in the school relocation project; ③ the defendant is expected to be able to take part in the construction project; and the defendant lent the above KRW 300 million to the defendant; and the defendant is able to pay the above KRW 300 million as part of the profits that will be derived from the school relocation project.