Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) 1 misunderstanding of facts and misapprehension of legal principles - Defendant 1 did not distribute the profits acquired by G, but paid money as a price for bid manipulation. ② The amount of the money paid by the Defendant is not set at a certain ratio in proportion to the construction cost. ③ In the case of giving and receiving property in breach of trust, there are many cases where the amount of money received by the recipient is determined and demanded, ④ G, H, and I (hereinafter “G, etc.”).

The Korea Electric Power Corporation (hereinafter referred to as “Korea Electric Power Corporation”) in connection with the construction tender.

A) In light of the fact that: (a) while managing, maintaining, and repairing the tendering system, there was an illegal solicitation as a result of manipulating a bid by a specific construction business operator’s solicitation at each bid manipulation; (b) the timing of receiving money from G, etc. is primarily prior to the conclusion of a contract or the payment of the first construction cost; (c) G, etc. awarded the first order by a construction business operator, but did not reach the first and the conclusion of a contract by avoiding the qualification examination; and (d) the Defendant was paid money from a construction business operator, etc., the act of paying money to G constitutes capital in breach of trust. Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on the ground that the delivery of money to G by the Defendant was merely an internal ex post facto distribution of the proceeds derived from a criminal act committed between the joint principal offenders of fraud and that it is merely an act of fraud.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of the facts charged is that the Defendant will award money and valuables to those who work on the side of the Korean War from N around April 2013.