The judgment below

The part on the illegal use of a private person is reversed.

A defendant shall be punished by a fine of KRW 3,000,000.

1. The summary of the grounds for appeal did not go through the internal procedure, such as the record of prior approval and seal use, while preparing the written special agreement of this case, and did not make a prior and subsequent report to the representative director on the execution of the special agreement of this case.

This constitutes a case where a seal imprint is used unfairly by abusing authority, and according to evidence, it is sufficiently recognized that the above defendant's act causes damage to the company.

Nevertheless, the judgment of the court below that acquitted the defendant is erroneous and has affected the conclusion of the judgment.

2. Determination

A. According to each evidence duly adopted and examined by the lower court and the first instance court, the following facts can be acknowledged.

1) E Co., Ltd. (hereinafter “E”) ordered “R” (hereinafter “R”) to engage in a related service contract in the tendering procedure for “H business” (hereinafter “H business”). On October 4, 2013, E entered into a system construction service contract between R and E to provide system construction services in KRW 2,609,265,000.

2) On October 31, 2013, E entered into a contract with G Co., Ltd. (hereinafter “G”) on the supply of mobile security products (S) and SSO 2 with respect to R’s instant system building project from G during the contract period of KRW 198,00,000, contract period of KRW 198,000, and from November 1, 2013 to May 3, 2014, and on the same day, G is responsible for all activities related to E’s PM products in relation to the instant system building project.

(projmanger, hereinafter referred to as "PM") set the contract amount of 187,660,000 won and the contract term from November 1, 2013 to May 3, 2014.

3) EM T several meetings are held from January 2014 to R’s employees.