Of the convictions and innocences of the lower judgment, the part of the property in breach of trust taken on August 10, 2016 shall be reversed.

Defendant shall be punished by imprisonment.

Summary of Grounds for Appeal

1) The prosecutor's assertion of mistake of facts regarding taking over property in breach of trust on October 14, 2013 (attached Form No. 1) constitutes the receipt in return for taking over property in breach of trust (attached Form No. 1) by the defendant in return for an illegal solicitation of 7 million won from F representative AL Co., Ltd. on October 14, 2013. 2) The argument on taking over property in breach of trust on August 10, 2016 (attached Form No. 28) (attached Form No. 28) is that the defendant received 15 million won from August 10, 2016 in return for taking over property in breach of trust.

The punishment (two years of imprisonment and additional collection KRW 1320,000,000) imposed by the prosecutor and the defendant by the court below on the defendant on the grounds of unfair sentencing by the prosecutor and the defendant shall be too weak or unreasonable.

The summary of each charge on the grounds of appeal by the prosecutor is that the defendant, taking advantage of the status of the actual manager of the C Apartment Housing Site Building and Maintenance Project Association (hereinafter “instant association”) located in the Nam-gu Incheon Metropolitan City, received money and valuables from the representative AL of F selected as the executing agent in return for the selection and maintenance of the executing agent and for the provision of various business convenience, and received money and valuables from the H bank account in the name of the defendant on October 14, 2014, and transferred KRW 7 million to the H bank account in the name of the defendant on August 14, 2014, and was remitted from AM who wishes to be selected as the executing agent on August 10, 2016 in return for the selection of the executing agent.

As a result, the Defendant, who is in charge of the instant partnership affairs, acquired property in return for illegal solicitation in relation to his duties.

On October 14, 2013, the lower court determined the charge of taking property in breach of trust (No. 1) as of October 14, 2013, i.e., the following circumstances acknowledged by evidence duly adopted and investigated, i.e., transferring the amount of KRW 7 million in the name of the office deposit of the instant association to the Defendant’s personal account. The lower court stated that the Defendant was not in a relationship, and that the implementation agency service contract was “F” in the instant association.