A. 1) The Defendant, as indicated in the judgment of the court below, did not have prepared in advance a contract under Paragraph 1 (hereinafter “instant contract”) as indicated in the judgment of the court below, and merely acquired unjust pecuniary benefits because it merely received a meal substitute from the D representative director E after entering into a collective housing consignment contract with D Co., Ltd. (hereinafter “D”) according to lawful procedures.

subsection (b) of this section.

2) The Defendant, as indicated in Paragraph 2 of the judgment below, did not demand the I to request gift certificates to the I, and only received the I’s order, and stored the property in order to boost the morale of employees and returned to I, thereby obtaining unjust pecuniary benefits.

subsection (b) of this section.

B. The lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. On February 16, 2015, the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal principles as indicated in the judgment of the court below (1) asserted that on February 16, 2015, the Defendant drafted the instant contract, which is an apartment management complaint, and that he/she attached the said contract on February 17, 2015, but it is contrary to the M’s statement at the investigative agency (No. 141, 251 of the evidence record No. 1 of the evidence record) and it cannot be accepted in excess of the Defendant’s legal statement at the court below (no. 78,83 of the record of the trial).

In addition, the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the fact that the members of the defendant and the resident representative meeting received a substitute for meals from D are immediately following the resolution of the special meeting of the resident representatives related to the number of contracts with D, ② the D representative director Eul already heard the fact that D was selected as the entrusted management entity on February 1, 2015, ③ the fact that the D was already selected as the entrusted management entity on February 16, 2015 (Evidence No. 1st page 31 of the evidence record), ③ the minutes of the resident representative meeting on February 16, 2015 are from 7 p.m. to 9 p.m.