All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant A1’s misunderstanding of facts and misapprehension of legal principles, Defendant B and P did not have a person who administers another’s business.

Defendant

It is not an illegal solicitation, but an illegal solicitation that made a contract for the installation of advertisements with LA is not an illegal solicitation so that the deliberation may be well passed by Defendant B.

Defendant

A did not make a solicitation to P.

B) As to the obstruction of performing the official duties in a deceptive scheme, S Co., Ltd. used leased objects as a warehouse, the Defendant A did not submit a false lease contract.

2) Unreasonable sentence of the lower court (two years of suspended sentence in one year and six months of imprisonment, and two hundred hours of community service) is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles does not constitute an illegal solicitation contrary to social rules or the principle of good faith.

L The contract for the installation of advertisements is not a price for illegal solicitation.

2) Unreasonable sentence of the lower court (two years of suspended sentence in one year and six months of imprisonment, and two hundred hours of community service) is too unreasonable.

2. Determination

가. 사실 오인 및 법리 오해 주장에 대한 판단 1) 배임 수증 재의 점에 대한 판단 가) 피고인들 사이 배임 수증 재의 점 ⑴ 피고인 B가 타인의 사무를 처리하는 자 지위에 있는지 여부 ㈎ 원 심 판단 원심은 M 위원은 지방자치단체와 대내 관계에서 신의 성실 원칙에 따라 사무를 처리할 신임관계가 있다고

The decision was determined.

Specific reasons for judgment are as follows.

(1) The head of a local government shall take administrative dispositions after deliberation by M in specified cases.

(2) The members of M shall be appointed or commissioned by the head of a local government from among relevant public officials, persons with abundant knowledge and experience in advertising materials, etc., and allowances or travel expenses shall be paid to the members present or participated in the Deliberation Committee