A. misunderstanding of facts (the defendants) the defendants constructed a construction in accordance with the specifications or specifications as a whole with respect to the maintenance and improvement of the bicycle lane of the F or public service sector, and some specifications or specifications have been constructed differently from the specifications or specifications are merely an inevitable change due to the on-site circumstances.

Therefore, the Defendants did not acquire the supply price of government-funded materials by deceiving the Public Procurement Service of the Republic of Korea (hereinafter “Public Procurement Service”).

In addition, Defendant A, as the actual representative of the F branch E (hereinafter “E”), was engaged in the business activities for receiving contracts by the Corporation, and did not know how the Corporation was carried out in detail, and there was no conspiracy with Defendant B and C in carrying out the instant construction.

Nevertheless, the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts against the rules of evidence.

B. In light of the degree of participation in the business activities for obtaining orders from the Corporation (Defendant A) and the fact that only some fees have been paid as a result, the punishment imposed by the court below (three years of suspended execution in June 2) is too unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the Defendants stated that ① with respect to the supply of the floor materials of the first G apartment lane improvement project, at the time, the floor condition at the time used ePDM chips, instead of 2 meters of the end type ePDM chips, P is merely used by mixing with dilution agents to facilitate the use of the eccushion, and ② with respect to the supply of the floor materials of the first G bicycle lane improvement project, construction was conducted with BS-30 meters specifications as at the time and as at the time, and only the studs process that form a door in consultation with the public official in charge was excluded.