Defendant

B. Defendant A is acquitted. Defendant A is acquitted.

1. Judgment on Defendant B

A. The summary of the facts charged is Defendant B (hereinafter “Defendant”) as the representative director of Victim F Co., Ltd., Ltd., Ltd. (hereinafter “F”) located in Gwangju North-gu, Gwangju, on February 26, 2009, who is engaged in overall tasks of F around February 26, 2009.

(1) The Defendant A (hereinafter referred to as the “Defendant A”) of occupational embezzlement refers to the Energy-Saving Business Engy Service Co. (ESCO: Engy Services Commission)’s Engy Services Engy Services Co., Ltd. (ESCO: Engy Services Company) established under his/her name in a bad credit relationship and implemented at G market.

In the case of the introduction of energy-saving facilities in a specific building or facility by an energy-saving specialized company designated as ESCO, such as electricity, lighting, and heating, it is a business method that the ESCO company invests the total amount of the cost without receiving money from the relevant institution and receives the repayment of the investment cost from the energy-saving budget received here.

(2) The Defendant and the upper-tier Defendant agreed to supply the materials necessary for the instant project, such as a bribe and solicitation fee, etc., to the upper-tier Defendant and the upper-tier Defendant agreed to supply the materials necessary for the instant project, on the following grounds: (a) the Defendant and the upper-tier Defendant received a subcontract from H; and (b) the Defendant and the upper-tier Defendant agreed to receive a subcontract from H; (c) the Defendant delegated the upper-tier Defendant with the authority to withdraw the funds; and (d) the Defendant executed the instant project with the authority to delegate the authority to withdraw the funds; and (e) the upper-tier Defendant conspired to supply the materials necessary for the instant project.

Accordingly, on January 2009, the above defendant tried to make a solicitation against the G viewing public officials so that H may be selected as successful bidders of the project in this case at H offices located in Songpa-gu Seoul, Songpa-gu, Seoul.

If H is selected as a successful bidder, the total project cost shall be 15%,000,000 H's interest, and F shall be deducted.