The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

19,5690,000 won shall be additionally collected from the defendant.

1. Grounds for appeal;

A. misunderstanding of facts: AB of the O Co., Ltd. (hereinafter only referred to as the “O”) had already been determined by the president of the K University and AA of the K University; the Defendant could not be involved in the determination of the timing for advance payment or payment for completed portion; and, due to the kind of relationship arising from the construction contract, drinking alcohol with B and receiving operating expenses are practices in the construction industry; thus, no illegal solicitation from B was received.

Even if there was an illegal solicitation, there is no receipt from B of cash and check equivalent to KRW 120 million in total of KRW 30 million in the Nos. 6 of the attached Table Nos. 6 of the judgment below, KRW 10 million in the No. 9, KRW 10,000 in the No. 15, KRW 20 million in the No. 30, KRW 30,000 in the No. 38, KRW 38.

B. Unreasonable sentencing: In light of the fact that the defendant donated KRW 300 million to the defendant and the amount exceeding KRW 300 million has been collected for collection, the sentencing of the court below (additional collection of KRW 2.6 billion and KRW 28,069) is too unreasonable.

2. The crime of taking property in breach of trust is established when “a person who administers another’s business” receives “illegal solicitation” in relation to his/her duties and acquires property or pecuniary benefits. The term “a person who administers another’s business” refers to a person who is deemed to have a fiduciary relationship to handle another’s business in light of the principle of trust and good faith in a domestic relationship with another person, and does not necessarily require that he/she has a right to conduct business in an external relationship with a third party, and does not require that business be comprehensively entrusted. Moreover, the grounds for taking property in breach of trust, i.e., the grounds for a fiduciary relationship, may arise through statutory provisions, legal acts, custom, or business management.

On the other hand, "illegal solicitation" does not necessarily require that it constitutes the content of occupational breach of trust, and social norms.