A. misunderstanding of facts or misunderstanding of legal principles as a person who operated F Co., Ltd. (hereinafter “F”), a ship captain, and the Defendant received money and valuables from G

Even though the defendant did not acquire property in exchange for illegal solicitation in relation to his duties, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (the collection of 10 months of imprisonment, 2 years of suspended sentence, 64 million won) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts or misapprehension of legal principles is established when a person who handles another person's business obtains property or property benefits in exchange for an unlawful solicitation in connection with his/her duties. Here, "illegal solicitation" does not necessarily require that it constitutes a substance of occupational breach of trust. In determining it, it must comprehensively consider the contents of solicitation, the amount of relevant consideration, form, and the integrity of transactions, which are protected legal interests, and it does not necessarily require that solicitation is explicit (see, e.g., Supreme Court Decision 2012Do536, Mar. 29, 2012). (i) At the time of receiving money from G, the Defendant entered into a contract with the E Engine Machinery Headquarters as an executive officer of the E Engine Machinery Headquarters, quality management, external cooperation, business planning, logistics business planning, general supervision, or overall control of engine production.