The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: misunderstanding of facts and unfair sentencing;

A. In relation to the receipt of property in breach of trust on October 16, 2014, of the lower judgment’s acquittal, the lower court acquitted the Defendant of this part of the facts charged, on the ground that, in full view of the I’s legal statement and the Defendant’s like power, there was also an illegal solicitation for KRW 20 million remitted by the Defendant. However, the lower court erred by misapprehending the facts.

B. As to the conviction of the lower court on the guilty portion of the lower judgment, the lower court’s sentence that exempted the Defendant from punishment is too uneasible and unreasonable, even though there is no reflectiveness of the Defendant, and the nature of the offense is very poor due to the case using the unstable status of the subcontractor.

2. Determination

A. On October 16, 2014, the lower court found that the Defendant received KRW 20 million from I on the part of October 16, 2014, but in light of the following circumstances, it is difficult to believe that the I’s statement appears to correspond to the facts charged, and the remainder of the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant received the above KRW 20 million in return for the illegal solicitation from I, and found the Defendant not guilty of the facts charged in breach of trust against the Defendant. ① At the investigative agency and the lower court court court, I requested that the Defendant purchase the golf prepaid right, and the Defendant requested B (hereinafter “B”) as the head of the planning and coordination office.

on October 16, 2014, the statement was made to the effect that the Defendant remitted KRW 20 million to receive orders for the construction work.

② According to the Defendant’s transaction of passbook, the details deposited in KRW 20 million in the name of I or I’s wife K on October 16, 2014 are only one case.

③ However, I said that “the Defendant borrowed money from the Defendant during October 2014, 201,” and said that “the Defendant borrowed money from the Defendant.” The amount is KRW 20 million on October 16, 2014.