The judgment of the court below is reversed.

Defendants are not guilty. The summary of this judgment is publicly announced.

1. Summary of grounds for appeal;

A. Defendant A did not have conspired to receive an illegal solicitation from K by a person who deals with another person's affairs of mistake of facts.

Therefore, even if Defendant B acquired property benefits in return for illegal solicitation from K by a person who has no status relationship, the crime of taking property in breach of trust is not established against the Defendants.

B. The sentence imposed by the lower court on the Defendants (eight months of imprisonment) is too unreasonable.

2. Judgment on the defendants' assertion of mistake of facts

A. In full view of the following circumstances, the lower court determined that the Defendants conspired to recognize the fact that the Defendants received money and valuables in return for an illegal solicitation.

① Defendant A asked Defendant B, who has no work experience related to construction, to be aware of the construction company.

② Defendant B, upon the above request, agreed to receive the money in the name of the referral fee when the J was selected as the public corporation, as to G having a representative of J and vice-presidents, and Defendant B met G and K prior to the appointment of the public corporation upon introduction by Defendant B.

③ Defendant A made a statement at an investigative agency to the effect that “Defendant B predicteds that he would receive the price from K according to the construction industry practice,” and Defendant B also made a statement at an investigative agency to the effect that “Defendant A would be able to take the same eye.”

In addition to these circumstances, Defendant A informed Defendant B, not K’s representative of J Co., Ltd., but Defendant B, Defendant B remitted KRW 18 million out of KRW 30 million received from K to Defendant A, and Defendant A received money as it is, it is determined that there was an implied agreement on the fact that the Defendants received money from K in return for the selection of the corporation.

(4)