The judgment below

The guilty portion shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. The prosecutor 1) misunderstanding of facts (a) the Defendant proposed to pay part of the tuition fees to U in return for allocating lectures to part-time instructors, and U in response to this, U transferred money to the Defendant after the allocation of lectures to U in response thereto has the nature of not only the cost for the allocation of the existing lecture but also the cost for the next semester, and thus, the Defendant acquired property in exchange for an illegal solicitation in respect of his duties. However, the lower court acquitted the Defendant of this part of the facts charged on the ground that the Defendant did not acquire property under the pretext of an illegal solicitation, thereby adversely affecting the conclusion of the judgment, by misapprehending the fact that the Defendant did not acquire property under the pretext of an illegal solicitation. 2) The lower court’s sentence of unfair sentencing (one year

B. Defendant 1) misunderstanding of facts (Embezzlement) did not receive money from a person entrusted with marine sports subjects, and used part of the money after receiving money from another person as practical training fees, etc., and the Defendant did not have the status of keeping the money for I. Furthermore, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence is so unreasonable that the Defendant did not err by misapprehending the fact that the Defendant did not receive cash from I as stated in Nos. 6, 7, 8, and 10 of the Criminal List (2).

2. Judgment on the prosecutor's assertion of mistake of facts

A. Although the Defendant had occupational duties to assign a fair lecture in accordance with the standards in the facts charged, the Defendant made an illegal solicitation to the effect that, around August 2014, the Defendant proposed to assign part of the lecture fees to U who is a part-time lecturer at the above school to assign the lecture fees and proposed to assign the lecture fees to U.S. as is, and allocated three intensive classes for the second semester Ski in 2014 to U.S.