[Presumption Facts] The Defendant is the actual operator of the interest of the major shareholder of C Co., Ltd. (hereinafter “C”), and C is unable to run the electrical construction business on October 13, 2010 due to the lack of the registration of electrical construction business on the wind transferred to D Co., Ltd. as a result, the Defendant entered into a merger contract with F Co., Ltd. (hereinafter “F”), a registered electrical construction business entity E (hereinafter “F”), around October 29, 2012, and succeeded to the status of F Co., Ltd. as an electrical construction business entity by completing merger registration with the content of absorption CF around December 6, 2012.

After that, on April 29, 2013, the Defendant knew that the F’s obligation was larger than his own idea, and filed a lawsuit on invalidation of the merger between C and C with the Plaintiff as the Defendant and the Defendant as C, and the judgment of invalidation of the merger was rendered on July 16, 2013, and became final and conclusive around August 7, 2013.

Although the judgment invalidating a merger between C and F became final and conclusive as above, the Defendant did not lose the status of the electrical construction business operator, as if he succeeded to the status of F, such as the merger invalidation between C and F, the Defendant was willing to execute the electrical construction with the bid for the electrical construction as if he succeeded the status of F.

[Criminal facts]

1. Interference with the performance of public duties by deceptive means;

A. On September 30, 2013, the Defendant participated in an electronic bid for remodeling electrical construction works by the Seongbuk-do Office of Education in the Seongbuk-do Office of Education in the Seongbuk-do Office of Education for the Education Support and received the award. On October 1, 2013, the Defendant entered into a contract for remodeling electrical construction works with the Seongbuk-do Office of Education in Gyeonggi-do, and submitted a registration certificate of electrical construction business in the name of C, stating that he/she lost his/her status as a F electrical construction business operator and that he/she succeeded to the status of F electrical construction business operator, and executed the electrical construction works in the name of G school located in Seongbuk-si from October 8, 2013 to November 26, 2013.

B. On June 16, 2014, the Defendant participated in the Hamyeong-gun Agricultural Technology Center H construction work (electric bidding) and received the award.