The defendant shall be innocent.

A. On March 1, 2010, the lower court stated that the Prosecutor’s suspect interrogation protocol on the 473th page of the evidence record is “the lower order of April 2010,” and there is a confusion as to the date of the actual contract.

This is due to the end of March 2010 when J entered into a contract for the supply and demand of the instant construction works by leasing the first mutually advantageous comprehensive construction license, and thereafter, the time of entering into the instant construction contract on behalf of the victim company on April 15, 2010, on behalf of the victim company, again concluding the instant construction contract on behalf of the victim company, and on March 20, 2010.

The J and the instant construction contract, which were delegated by the victim company with the authority to conclude a contract, was concluded with the victim company by fixing the construction cost of KRW 3,080,000,000 (including value-added tax) and the construction period from April 1, 2010 to December 30 of the same year. The main contents of the payment of the completed portion are as follows:

*** If the completed portion is specified in the contract as to the completed portion, the term “B” may request the inspection of the completed portion, and in such case, the term “A” shall without delay conduct the inspection and notify “B” of the result thereof, and if no notification has been made within 14 days, the inspection shall be deemed to have passed.

(2) The completed portion shall be calculated according to the unit price of the calculation sheet under subparagraph 8 of Article 2.

Provided, That where there is no calculation statement, the agreement between "A" and "B" shall be calculated according to the construction progress ratio.

Article 2 (Definitions)

8. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;

5 The J, around April 10, 2010, stated that the prosecution commenced on April 15, 2010 in the interrogation protocol of the suspect.

The instant construction commences and is in the status of the structural construction up to the second floor around July 2010.