The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle), the evidence submitted by the prosecutor, in light of the purport of the Attorney-at-Law Act, that the defendant can sufficiently recognize the fact that he received money and valuables from the above delivery company under the pretext of solicitation or arrangement to adopt the goods of the delivery company of this case against the public agencies such as H University, and that the freedom of business activities should be restricted in the public domain of the above delivery company, even if the defendant acted as the intermediary of the above delivery company, it shall not be deemed as "self-reliance affairs".

Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case is erroneous by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged [2018 Highest 5480] The defendant is a person operating "C" by lighting fixtures and retailers in B, and D (hereinafter "D") is a manufacturer and seller of lighting fixtures in the Fdong of the Young-gu E building in Suwon-si, Suwon-si.

In around 2002, the government, local governments, national universities, local public enterprises, and public institutions (hereinafter referred to as the "State, etc.") established a national site of the Public Procurement Service in order to transparency the procurement of end-user institutions (hereinafter referred to as the "user institutions"), but D has promoted a larger supply contract with the government, etc. located in G, etc. to increase sales profit.

LED lighting fixtures products, etc. need to be supplied promptly and promptly, after entering into a contract with manufacturers by setting only the unit price in advance at the Public Procurement Service, they enter into a contract with manufacturers to select necessary products from among the products that are pre-registered by the purchaser of the end-user institution such as the State, etc. access to the above site and registered in advance by many manufacturers.