The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. 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 it is not established unless an unlawful solicitation is opened between a donor of property or pecuniary benefits and a purchaser of 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, the amount of the consideration related thereto, the form, and the integrity of transactions, which are protected by the law, should be comprehensively considered, and the solicitation is not necessarily explicitly.

(2) The former Social Welfare Services Act (amended by Act No. 9766, Jun. 9, 2009; hereinafter “former Social Welfare Services Act”) No. 9766, Dec. 11, 2008

F. Social Welfare Services Act (hereinafter “Social Welfare Services Act”)

A) When a social welfare foundation governed by the Act intends to sell its fundamental property, it must obtain permission from the Minister of Health, Welfare and Family Affairs (Article 23(3)), and any person who violates the Act is subject to criminal punishment (Article 53 Subparag. 1). In light of the fact that if a social welfare foundation performing the public function of social welfare business voluntarily sells its fundamental property, the losing social welfare foundation is directly threatened with its existence’s property basis, it is necessary to prevent the continuation of the social welfare foundation by imposing punishment in addition to administrative sanctions and to ensure the fairness and clarity of social welfare business.