Of the judgment of the court below of first instance and the judgment of the court of second instance, the conviction against Defendant B shall be reversed.

Defendant

B Fine 5,000.

1. Summary of grounds for appeal;

A. The punishment of the court below (a fine of three million won) against Defendant B is too unreasonable.

B. The second sentence of the lower court against Defendant A (the fine of KRW 5 million) is too unreasonable.

C. Around February 2017, when the existence of the part executed by the victim M Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) that Defendant B operated by the public prosecutor, there was no submission of a written request for direct payment for the victim Co., Ltd. (T) on and after February 2017, M demanded payment for the part to be executed by the victim Co., Ltd. from January 2017, M directly to R with respect to the part to be executed by the victim Co., Ltd., Ltd. (hereinafter referred to as the “Co., Ltd.”)., and Defendant B did not fully pay the subcontractor Co., Ltd.

In light of these circumstances, the fact that Defendant B had dolusent awareness that it is difficult for it to pay the subcontract price, and had the victim company complete the automatic control work by deceiving the employees of the victim company, thereby sufficiently recognizing the fact that the victim company acquired pecuniary profits equivalent to the amount of the contract price.

Nevertheless, the second instance court found the facts guilty of this part of the facts charged.

2. Determination on the appeal by Defendant B and Prosecutor

A. As to Defendant B, the judgment of the first instance and the judgment of the second instance, each of the judgment of the second instance, filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals cases. Since the crimes of the first and second judgment against Defendant B are concurrent crimes under the former part of Article 37 of the Criminal Act and are subject to one sentence pursuant to Article 38(1) of the Criminal Act, one of the judgment of the court of first instance and the judgment of the second instance cannot be maintained.

However, as above.