The defendant shall be innocent.

1. The summary of the facts charged is a person in charge of the work performed by the construction company from October 2001 to January 201, 201, when working at D-type special sales team, and for the construction company from D-type special sales team, after reviewing and assessing whether the cost of construction requested by the subcontractor company to D-based companies is appropriate.

The Defendant was transferred KRW 7 million to a new bank account in the name of G on the same day from June 2008 to December 2008, and acquired property or property benefits in exchange for an illegal solicitation in relation to his duties, while having been in charge of calculating the cost of construction of construction of the floor floor floor re-subcontracted to F, a construction company, which was subcontracted from GS Construction to F, which was operated by D Company, from January 23, 2009.

2. Illegal solicitation of the crime of taking property in breach of trust refers to a solicitation that goes against the social rules or the principle of good faith. Thus, if the solicitation is merely a mere preemptive action within the scope permitted by the provision, or if it falls under the scope of lawful and normal handling of the entrusted affairs, it cannot be deemed an illegal solicitation that goes against the social rules, and it does not constitute a crime of breach of trust (see, e.g., Supreme Court Decision 2010Do8743, Apr. 14, 201). The receipt of money and valuables as a case of such solicitation does not constitute a crime of taking property in breach of trust (see, e.g., Supreme Court Decision 201Do8743, Apr. 14, 201). According to the evidence duly examined and adopted by the court, the Defendant was a person in charge of calculating the construction cost of the