The defendant shall be innocent.

1. The summary of the facts charged reveals that the defendant, as the representative director of the IFI, has overall control over the affairs of the above corporation, has preside over the election of the executives 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, and in the case of dissolution, he cannot obtain monetary benefits even if he dissolves the above corporation because he contributes residual property to a social welfare corporation with the purpose similar to the above corporation or reverts it to the local government, he shall not obtain monetary benefits, with the permission from the competent authority, and in the case of dissolution of the above corporation, he shall sell the above corporation to the above corporation as its representative director and appoint him as the head of the IFFI facility established by the above corporation; around 3.1.6 billion won on December 6, 2010; around 3.1 million won on December 16, 2010; around 3.1 million won on the date of appointment of the above corporation's representative director;

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" does not necessarily require it to the extent that it constitutes a crime of taking property in breach of trust.