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The judgment of the court below is reversed.
The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. In full view of the evidence submitted by the prosecutor to the summary of the grounds for appeal (misunderstanding of the facts), the court below acquitted the Defendant of the facts charged in this case, although it could sufficiently recognize the Defendant’s intentional act and deception.
2. Determination
A. In the trial of the court, the prosecutor of the judgment ex officio applied for changes in indictment as stated below with respect to the facts charged of this case as stated in the "a summary of the changed facts charged", and since this court permitted this, the judgment of the court below cannot be maintained as it is.
However, notwithstanding the above reasons for reversal ex officio, the prosecutor's assertion of the facts is still subject to the judgment of this court (a modification of indictment made in the trial of the party is clear and concrete of the contents of the previous facts charged, and the identity of the facts charged is recognized, and the prosecutor's assertion of the existing facts can also be applied as they are).
B. 1) Determination of the Prosecutor’s assertion of mistake of facts in the revised facts charged is the representative director of D Co., Ltd. (hereinafter “D”) established for the purpose of manufacturing and selling LED, electric lighting, etc.
In principle, when a state agency intends to enter into a contract, it shall be a general competitive bidding method, and only in exceptional cases, the eligibility to participate in the contract may be restricted, designated participants may be put into competitive bidding, or entered into several contracts (Article 7(1) of the Act on Contracts to Which the State is a Party). A small and medium enterprise under the Act on the Promotion of Small and Medium Enterprises, which is directly produced by a small and medium enterprise operator under the Act on the Promotion of Small and Medium Enterprises, or which is designated and publicly notified as excellent procurement goods, may be entered into a contract (Article 26(1)3 of the Enforcement Decree of the Act on Contracts to which the State is a Party, and