The defendant is innocent.

1. The facts charged in this case

A. The primary criminal defendant is D's director of D's clan (hereinafter "the clan of this case") and the damaged company E (representative F) is a company that has been in charge of affairs related to the sale of real estate of the clan of this case.

The Defendant, around March 2014, delivered KRW 40 million to G, who was in office as an auditor at the victimized Company, to H, who was in office as a general director of the said clan, and provided KRW 20 million among them to H, who was in office as a general director of the said clan in Gwangju City (hereinafter referred to as “instant land”) so that the Defendant would assist the victimized Company in selling KRW 40 million in D clan 1 in Gyeonggi-si (hereinafter referred to as “instant land”).

A false statement was made.

However, even if the defendant received KRW 40 million from G, he did not have any intention or ability to deliver KRW 20 million among them to H, or to assist the victimized company in selling the above paper soil.

Nevertheless, on April 9, 2014, the Defendant: (a) by deceiving G as above; (b) obtained the cash amount of KRW 40 million owned by the victimized company prior to the bus stops in front of the G branch office in the G branch office, from G around April 9, 2014.

B. The Defendant, from around 2009 to November 23, 2014, has been responsible for various duties inside the clan of this case by taking charge of the administrative directors of the clan of this case.

Although Defendant 1, as a director of the above clan, was prohibited from receiving unjust solicitation or receiving money or valuables in return for the sale of the land of the clan or in the course of performing all business affairs, Defendant 2 received cash KRW 40 million from the auditor G of the company E around April 9, 2014 in response to his intention to sell the D clan 40 million in Gyeonggi-si to E.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. Determination

A. According to the evidence duly admitted and examined by the court, the following facts are acknowledged.

1) The status of the defendant, etc. ① The clan of this case.