The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

A. The lower court found the Defendant guilty, among the facts charged in the instant case, that the Defendants interfere with tenders for each of the construction projects for the attached Table Nos. 5 through 7, 10, 14 through 16, 23, and 27, the separate list of crimes, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for each of the construction projects for the attached Table Nos. 5 through 7, 10, 14 through 16, 23, and 23, attempted fraud for the re-construction of the attached Table No. 27, No. 27, and the attached Table No. 4,8, 9, 11 through 13, 17 through 22, 24 through 26, 28, and 29, each of the offenses committed by the Defendant with respect to each of the construction projects for the attached Table Nos. A through 4, 27, 28, and 29, each of the offenses committed by the Defendant.

In determining the innocence as not guilty on the ground that there is no evidence to determine that the defendant is not guilty, on the ground that it is acknowledged that there is a crime of interference with bidding within the scope of each of the above facts charged, the crime of aiding and abetting fraud, the crime of aiding and abetting Fraud, and the crime of aiding and abetting and abetting attempted fraud, the court sentenced the defendant to four years of imprisonment without prison labor.

B. 1) The Defendant’s judgment before remanding the case for the reason that the sentencing was unfair, is based on ① the interference with bidding as described in the above paragraph (a) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, misapprehension of the legal principles as to the functional control of a joint principal offender’s functional act and control of the offense, and ② the reason that the sentencing is unfair.