A. The Defendant, as stated in this part of the facts charged, does not receive any unlawful solicitation from B to maintain the status of E as a logistics consignment company and the status as the E transmission center head, and to request the excessive claim for distribution expenses and personnel expenses and to impliedly accept double claims.

In addition, the defendant received an officetel monthly rent, automobile leasing cost, and main oil cost from B. However, since the defendant's officetel deposit amounting to KRW 30 million and the lease deposit amount to KRW 110,010,000,000 paid by the defendant, there is no substantial property profit.

B. The lower court’s sentence of unreasonable sentencing (three years of suspended execution in June of one year and six months of imprisonment, community service work hours, additional collection) is too unreasonable.

2. Determination

A. As to the assertion that there was no illegal solicitation prior to the determination of the mistake of facts, “illegal solicitation” in the crime of occupational breach of trust does not necessarily require it to the extent that it has become the substance of occupational breach of trust, and is sufficient if it is contrary to social rules or the principle of good faith. In determining it, the contents of the solicitation, the amount of the consideration related thereto, the form, and the integrity of the transaction, which is the protected legal interest, should be comprehensively considered, and there is no need to explicitly express the solicitation.

The following circumstances revealed by the lower court based on the evidence duly admitted and investigated by the lower court, namely, the Defendant, as a person in charge of the operation and settlement of D logistics in C, is in the position to review and approve the distribution expense and personnel expenses claimed by E, and the Defendant was in the position to submit opinions on the change of C’s logistics consignment agreement company, and was in the position to recommend B as the E transmission center. In fact, B was issued as the E transmission center, and the Defendant started to receive monthly tax from B as of December 2016.