The defendant shall be innocent.

1. The summary of the facts charged reveals that the defendant, as the representative director of C Child Care Center of the above corporation, has overall control over the affairs of the above corporation, has been responsible for the election of executive officers of the above corporation, and the procedure for resolution on the appointment and dismissal of the head of the facilities established by the above corporation, and in the case of selling the fundamental property of the above corporation, he shall obtain permission from the competent authority. In the case of dissolution, since he contributes residual property to a social welfare corporation with the purpose similar to the above corporation or reverts it to the local government, even if it dissolves, he cannot gain monetary benefits, he would be able to obtain monetary benefits by selling the above corporation in the manner of appointing D who intends to take over the above corporation as the representative director of the C Child Care Center of the above corporation and appointing it as the head of C Child Care Center, which is the facilities established by the above corporation, around June 3, 2010; around 300 million won, around the same month, 700,000 won, around the same 700,00500 won;

2. Determination

A. 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 obtains property or pecuniary benefits in exchange for an illegal solicitation in connection with his/her duties. The crime of taking property or pecuniary benefits is established by an illegal solicitation between a donor of property or pecuniary benefits and a purchaser. Here, "illegal solicitation" is not necessarily required to the extent that it is the substance of occupational breach of trust, and is contrary to social rules or the principle of good faith.