All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s assertion of mistake of facts provided information about the tender of this case to Co-Defendant B by delivering bid-related data, such as a detailed statement of expected execution price, but this is merely the same content as disclosed data and thus there was no risk of undermining the fairness of bidding. Defendant B did not know the circumstance that Co-Defendant B responded with forged documents. There was no conspiracy to interfere with bid with Co-Defendant B.

B. The Defendants’ common principal 1) misunderstanding the legal doctrine as a limited liability company D operated by Defendant B (hereinafter “instant company”).

(3) The council of occupants' representatives of E apartment units (hereinafter “instant council of occupants’ representatives”) in the form of a private contract.

(2) The lower court’s sentence (each fine of KRW 3,00,000) on the grounds that the Defendants’ act constituted a risk of undermining the fairness of tendering procedures is unreasonable, since it entered into a construction project to replace the old-age pipe of the above apartment.

2. Determination

A. The crime of interference with bidding under Article 315 of the Criminal Act regarding Defendant A’s assertion of mistake does not require the actual appearance of the outcome as a dangerous crime established when the fairness of bidding is harmed by deceptive means, force, or other means. Here, “act detrimental to the fairness of bidding” in this context means the occurrence of a situation that is likely to interfere with fair competition, that is, giving rise to an unfair influence on the formation of a reasonable price through fair competition. Such act includes not only pricing but also damaging lawful and fair competition (see Supreme Court Decision 2006Do8070, May 31, 2007). The act of interfering with bidding under Article 315 of the Criminal Act regarding Defendant A’s assertion of mistake of facts does not require that the act of interference with bidding by the participating company in the bidding, or the act of providing information on bidding, etc. to the participating company.