The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, the defendant.

1. In light of the legal principles as to the relation between the crime of giving and receiving property in breach of trust and the requirement of “illegal solicitation” with respect to the facts acknowledged based on the statements by the first informant, including AI, and the e-mail details received and sent by Defendant B, Defendant A received money and valuables from Defendant B in exchange for an unlawful solicitation in relation to the duties of selecting employee education service providers and educational assistance goods, and Defendant B is recognized as having given money and valuables to Defendant A as such.

Nevertheless, the judgment of the court below which acquitted all the Defendants of the facts charged of this case is erroneous in misapprehending the legal principles and misconception of facts.

2. Determination on the grounds for appeal

A. Defendant A, as the Director-General of the Trade Union of C Co., Ltd. (hereinafter “C”) (hereinafter “Labor Union”), was in charge of the education, wage negotiations, etc. of union members (including approximately 1,500 union members), and Defendant B is the representative of D and the business director of E (hereinafter “E”).

1) Since Defendant A’s breach of trust was serving as the director of the welfare bureau of the Trade Union and the director of the labor union from around September 201, 201 to around September 2014, Defendant A serving as Defendant A’s director of the labor union, Defendant A’s employees and their family members, F (Conclusion with G on May 2015) who is an internal education for work for employees and their family members, and H education for harmony with C’s employees (Conclusion with I on November 2015; hereinafter “H education”).

() Other education [the “J” education for the revitalization of the organization in 2012 (hereinafter “J education”) and “K” education for the revitalization of the organization in 2014 (hereinafter “K education”) can exercise influence by reflecting the position of the union, as well as by actually participating in the process of recommending a majority of the evaluation members of the companies participating in the tender for the employee education such as F and H education.