2. Determination

A. The crime of this case is a case in which the defendant conspireds with Co-Defendant A of the first instance trial, and the defendant would be awarded a bid for nine times, such as a competitive bid, even though the defendant was a single bid for the above A, thereby impairing the fairness of the tender.

B. Meanwhile, there are extenuating circumstances, such as: (a) the Defendant is an initial criminal with no criminal power at 61 years of age; (b) the confession of and reflects the crime; and (c) there is no de facto competition enterprise; and (d) the actual loss suffered by the ordering entity is not significant.

In addition, considering all sentencing conditions in the instant case, such as the family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.