The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

492,195,00 won shall be collected from the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The defendant recognizes the fact that he received money from F, L, and P. However, it is not unrelated to the defendant's duties or illegal solicitation related thereto, or it is not received in return for illegal solicitation, such as at least the facts stated in each of the facts stated in the judgment below. 2) In other words, KRW 200 million, which was received from L of paragraph (2) of the facts stated in the judgment of the court below, recommended L on April 2008 through May 29, 2008, to make a loan investment to L, which was made by the defendant to make an investment in Busan Shipping on May 29, 2008, and the defendant did not receive an illegal solicitation in relation to his duties.

3) In addition, at the time of the receipt of the money stated in the pertinent part of the crime from F, L, and P, the contract on the vessel to be designed, reflected, supplied, etc., which is the content of the solicitation was already already made or was concluded (or is easy X as stated in No. 1 of the crime sight list in the original judgment), and there was no fact that the contract was concluded (or is easy to be listed in No. 3 and No. 4 of the crime sight table). The Defendant’s receipt of each of the above money was irrelevant to a specific delivery item, such as the specific criminal facts in each of the above parts, and thus, the Defendant was not received as a consideration for an illegal solicitation. Thus, the lower court found the Defendant guilty of all the charges of the crime of the breach of trust acceptance. Thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on an illegal solicitation in the crime of breach of trust acceptance, thereby affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (two years of imprisonment, additional collection KRW 492,195,00) is too unreasonable.

2. Determination

A. An ex officio determination prosecutor shall partly supplement or specify the contents of “illegal solicitation” relating to the Defendant’s name of acceptance of breach of trust in the trial.