The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Progression of litigation and scope of adjudication of this court;

A. The lower court determined that the Defendant had functional control over the Defendant’s act as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and interference with bidding, which are the facts charged in the instant case.

In determining innocence as not guilty on the ground that there is no evidence to determine that the defendant is not guilty, on the ground that it is found that there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), aiding and abetting fraud, and aiding and abetting fraud, and aiding and abetting bidding, the court did not separately sentence innocence in the text, but sentenced the defendant to a penalty of two years of suspended execution, one year of community service order, 120 hours, 9690,000 won.

B. 1) Prior to remand, the Defendant appealed to the part of the judgment below against the Defendant on the ground that ① the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the charge of aiding and abetting fraud, the charge of aiding and abetting bidding interference, ② the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the mistake and misunderstanding of the fact about the establishment of fraud with respect to the direct performance of the act of deception and disposal, ③ the charge of aiding and abetting fraud, ③ the charge of aiding and abetting fraud, ③ the charge of aiding and abetting fraud, ④ the charge of aiding and abetting bid disturbance, ④ the charge of aiding and abetting competition, ④ the charge of aiding and abetting bid disturbance, ④ the prosecutor on the ground of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the fraud, the charge of aiding and abetting fraud, the charge of aiding and abetting competition, ② the charge of aiding and abetting competition, and the charge of aiding and abetting bidding interference

2) Prior to remand, the appellate court dismissed each of the Defendant’s appeal and the Prosecutor’s appeal on the Defendant, respectively, by determining that all of the aforementioned arguments by the Defendant and the Prosecutor are groundless.

(c)

The Supreme Court's reversal and return 1) Defendant 1.