The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

The finance officer at the ordering office of facility construction (main facts of appeal) shall determine a successful bidder through a qualification examination to comprehensively examine construction experience, technical ability, financial status, and credit transfer in the order of bidders, which are reflected in the lowest bid price nearest to the lowest bid price. In the process of the qualification examination conducted by the finance officer, the performance evaluation is conducted by confirming whether there is anything wrong with the construction performance and management evaluation data submitted by the relevant association, etc. prior to the bid. From among the tender participants with a certain point above by the above materials, the successful bidder is determined by bidding the bid price near the lowest bid price. Thus, the successful bidder's determination is automatically conducted through the information processing process of the National Electronic Procurement System (one name "the country") of the Public Procurement Service without the finance officer's disposal action. Thus, the judgment of the court below acquitted the facts of this part of the charge.

The successful bidder is not determined as a successful bidder on the basis that the lowest bid price is the highest amount nearest to the successful bidder, but the successful bidder is determined through a comprehensive examination of construction experience, technical ability, financial status, and credit delivery, etc. by documents submitted at the time of the tender. However, in fact, the performance evaluation in the process of the qualification examination conducted by the finance commissioner is conducted by confirming whether the construction performance and management evaluation data submitted by the relevant association, etc. prior to the tender are abnormal, and the successful bidder is determined by the bidding of the bid price close to the lowest bid price. As such, the lowest bid price plays the most important role in the determination of the successful bidder, and the defendant is spreading to the "longer" of the country.