사기등
The appeal is dismissed.
The grounds of appeal are examined.
1. As to the first ground for appeal, the lower court: (a) as to whether the Defendant constitutes a supervisor deemed a public official when applying Article 129 of the Criminal Act pursuant to Article 32 of the Electric Technology Management Act; and (b) as to whether Article 32 of the Electric Technology Management Act is a public official, the supervisor performing the relevant duties pursuant to Articles 12 and 13 shall be deemed a public official when applying Articles 129 through 132 of the Criminal Act.
Article 12-2, which provides for the assignment report, etc. of supervisors, is not accepted, and Article 2-5 of the same Act provides that "the supervisor shall be a person engaged in the construction supervision of electric facilities while engaged in the construction supervision business."
Article 12(1) of the Electric Technology Management Act provides that a supervisor who is deemed a public official pursuant to Article 32 of the same Act shall be deemed a public official for the purpose of ensuring and improving the quality of installation and repair works of electric facilities, and Article 32 of the same Act provides that the supervisor shall be deemed a public official in order to protect the fairness in the performance of his/her duties and the purchase of non-performance of his/her duties. Thus, if a supervisor who is deemed a public official pursuant to Article 32 of the same Act is excluded from a constructive public official solely on the ground that he/she did not report the placement of a supervisor who performs the actual supervision, such legislative purpose may be mitigated. In light of the above, it means that a supervisor who is deemed a public official pursuant to Article 32 of the Electric Technology Management Act is assigned to a supervisor to perform supervision as a supervisor, and whether the supervisor, etc. is a “replacement” is deemed a public official.
Then, according to the evidence, the defendant is selected as the supervision business entity of the Corporation of this case.