Defendant

A and B Defendants were the president and the general secretary of the council of occupants' representatives of the above apartment, and around May 20, 2009, G entered into a contract with the council of occupants' representatives of the above apartment and KRW 637.5 million on or around June 1, 2009, and had a duty of protecting the rights and interests of the occupants of the above apartment by comprehensively supervising the progress of the heating repair and reconstruction construction of the above apartment and giving appropriate instructions.

Nevertheless, around October 2009, the Defendants received an illegal solicitation from the above apartment management office, and Defendant B received an instruction from the representative director C of G Co., Ltd. to the effect that “The convenience is given in the feasible repair and supervision over the construction work of the above apartment and the assistance is given to the owner of the above apartment in the future.” The Defendants received KRW 8 million in cash upon receiving an illegal solicitation.

As a result, the Defendants conspired to acquire the property in return for an illegal solicitation in relation to their duties.

B. The Defendant C provided KRW 8 million in cash to A and B in return for an illegal solicitation regarding his/her duties at the time, place, etc. set forth in the foregoing paragraph.

2. The crime of taking property in breach of trust and taking property in accordance with Article 357(1) of the Criminal Act is established when a person who administers another’s business acquires property or pecuniary benefits in exchange for an unlawful solicitation in relation to his/her duties, and is not established unless an illegal solicitation is accepted between the donor and the acquisitor of the property.

Here, whether it constitutes “illegal solicitation” or not is a solicitation.