The defendant shall be innocent.

1. When the defendant, a representative director of the D Child Care Center, was unable to operate the above child care center due to health problems, the defendant was delegated with the authority of representation from E, and actually represents the above corporation and preside over the affairs of the corporation, and preside over the resolution procedure on the election of officers and the appointment and dismissal of the head of the facility established by the corporation.

When selling the fundamental property of the above social welfare foundation, the defendant should obtain permission from the competent authority, and in the event of dissolution, the remaining property should be donated to the social welfare foundation having the same purpose as the above foundation or reverted to the local government, and thus it is impossible to sell the above social welfare foundation, the defendant received money from the F with the knowledge of the fact that F intended to take over the above social welfare foundation, and elected the representative and the head of the facility of the above social welfare foundation.

Around September 3, 2007, the Defendant received an illegal solicitation from F to appoint F as the representative director and facility manager of the pertinent social welfare foundation on September 3, 2007, and received KRW 100 million around November 30, 2007, KRW 290 million around September 30, 2008, and KRW 200 million around September 30, 2008.

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

Here, the "illegal solicitation" does not necessarily require that it constitutes the substance of occupational breach of trust, and it is sufficient to say that it goes against social rules or the principle of good faith.

In determining this, the contents of the solicitation and its related matters.