All appeals by the Defendants are dismissed.

1. The summary of grounds for appeal;

A. Defendant A was only subject to the direction of Defendant B, a vice president at the time, and did not conspired with Defendant B.

B. Defendant B (1) The part of occupational breach of trust is harmful to the company’s interest due to management judgment, and thus there is no intention of breach of trust and no damage to the company’s property.

2) The instant land transaction that interferes with bidding does not constitute “tender” under Article 315 of the Criminal Act, but does not affect the bid process by itself.

2. Determination

A. The Defendants’ occupational breach of trust part was examined, the evidence duly adopted and examined at the court below, and the following circumstances acknowledged by the evidence newly adopted and investigated at the court below, i.e., (1) the selection of the promotional company of this case was conducted through the frithy test. Defendant B was selected as the public relations company of this case as “H” member of the review committee (including the Defendants) at the request of Q (I) (the representative of the “I”) who was known about ten years in the ordinary 10th century, and was ordered by the first working person to separate the part from the service of this part, and ordered the Defendant A to leave the part of “I” who was lawfully adopted and investigated at the court below, and (2) the contract amount of this part presented during the selection process was remarkably more than 60 million won and more than 320 million won, which appears to be an objective adjustment of the contract amount, but it appears to have been more than 400,000 won.