All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendants guilty of the receipt of evidence in breach of trust related to the Defendants, 1) erred by misapprehending the legal principles as follows, or by misapprehending the legal principles on illegal solicitation of the crime of taking property in breach of trust or the crime of taking property in breach of trust, thereby adversely affecting the conclusion of the judgment. (A) The money that Defendant A delivered to Defendant B was not an illegal solicitation at all.

In other words, Defendant B did not have the right to provide convenience related to the supply, and in detail, Defendant B did not have the right to determine the supply place, and there was no authority to determine the supply price and the sale price.

B) The money Defendant A delivered to Defendant B is the cost of personnel expenses and sales promotion of the Z. In particular, the Z prepared a written statement to the effect that “the amount of KRW 2 million or KRW 2.5 million per month was paid to the investigative agency, and the Defendants received approximately KRW 3 million with incentives together.” The Defendants also stated that Defendant A’s O and Q-related property in breach of trust were paid approximately KRW 3 million to the Z. (2) The money granted by Defendant A to Defendant A and Q-related property in each breach of trust is a housing cost, not a money for which illegal solicitation was opened.

Nevertheless, the judgment of the court below convicting Defendant A’s O and Q-related property in breach of trust or erred by misapprehending the legal principles on illegal solicitation of the crime of giving rise to breach of trust, thereby adversely affecting the conclusion of the judgment.

B. Each sentence of the lower court on the Defendants of unreasonable sentencing (Defendant A: fine of 5 million won, Defendant B’s suspended sentence of imprisonment for 8 months, and additional collection) is too unreasonable.

2. Determination

A. 1) Determination of the lower court’s determination (i.e., the charge of giving rise to breach of trust related to the Defendants) based on (i) the evidence duly admitted and investigated, the lower court at least among the Defendants, taking into account the following circumstances acknowledged by the evidence duly admitted.