The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 1,00,000 won, and by a fine of 1,50,000 won.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the second testimony which Defendant A made by the court below is clear that there was a false testimony contrary to his memory, and even if Defendant B could fully recognize the fact that Defendant A instigated the testimony as such, the court below acquitted the Defendants of all the charges of this case. The court below erred in the misapprehension of facts.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

The following to the effect that the prosecutor withdraws the facts charged for the first testimony as indicated in the judgment of the court below among the facts charged in this case for the first time in the trial

B. (1) As stated in paragraph (1), an application for changes in indictment was filed, and since this court permitted it, the judgment of the court below cannot be maintained any longer.

The prosecutor's assertion of misunderstanding the facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal.

B. On November 2, 2012, F Co., Ltd. (hereinafter “F”) entered into a contract with Jeonnam-do for the construction of H in total amount of KRW 649,940,980, and entered into a contract with Jeonnam-do around November 26, 2012. On November 26, 2012, F Co., Ltd. (a) entered into a subcontract for the part of the steel reinforced concrete construction cost of KRW 112,200,000 of the construction cost of the said construction to F Co., Ltd. (hereinafter “I”), and the said I’s representative is Defendant A.

J agreed with Defendant A to share the same part of the steel reinforced concrete construction, and agreed to share the profits with Defendant A, and included the cost of the construction in KRW 112,200,000 of the construction cost to be borne by Defendant A.

J As above, around November 26, 2012: (a) the construction amount at KRW 112,200,000 at the time of subcontracting the parts of steel-rein concrete construction from F.