The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles ① Bidding of the sports-related organizations and F (hereinafter “E”)’s sports management information system, etc. of “E” (hereinafter “F”) does not relate to the Defendant’s duties.

② The Defendant merely informed H and J of the information already disclosed to H and J in extenuating circumstances, and did not provide convenience, such as informing the Organizing Committee of the inside information about the tender in response to illegal solicitation, and the money that the Defendant received from H and J is merely a loan that is not related to the above act of providing information. (B) The sentence imposed by the lower court (a punishment of imprisonment for a year, a suspended sentence of two years, a community service order of 160 hours, an additional collection of 28.5 million won) is too unreasonable.

2. Determination

A. Determination on the assertion of misunderstanding of facts and legal principles 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 obtains property or pecuniary benefits in return for an unlawful solicitation in relation to his/her duties. Here, "illegal solicitation" does not necessarily require that it constitutes the substance of occupational breach of trust, and it is sufficient that it goes against social rules or the principle of good faith.

In determining this, the contents of solicitation and the amount of consideration related thereto, forms, and integrity of transactions, which are legal interests, should be comprehensively examined, and such solicitation does not necessarily require clear specification (see Supreme Court Decision 2008Do6987, Dec. 11, 2008, etc.). In the crime of breach of trust of one part, “related to the duties” refers to the duties entrusted to a person who administers another’s business, but it includes not only the original duties arising from the consignment relationship, but also affairs closely related thereto.