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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1, who is a public official of class 7 of the civil engineering position, was a de facto general manager of the sanitary reclamation site construction. However, in consideration of the fact that S was not aware of the electricity part and was partially supervised by the Defendant, Sdo Co., Ltd. (hereinafter “H”), and that S was aware of the fact that G did not obtain F’s approval at the time of giving subcontract to H, the Defendant did not know that G did not obtain F’s approval. In light of the fact that: (a) the Defendant, who was a public official of class 7 of the civil engineering position, was a de facto general manager of the sanitary reclamation site construction; (b) but
shall not be deemed to exist.
Therefore, the judgment of the court below which found the defendant guilty of the crime of abandonment of duty is erroneous.
2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unreasonable.
B. Prosecutor 1) In full view of the following: (a) Defendant A’s crime of accepting and arranging a bribe; (b) the crime of accepting and arranging a bribe against Defendant B; and (c) the interest and the maturity for payment was not determined; (d) Defendant B did not make any demand despite Defendant A’s failure to pay money; and (c) Defendant B did not have any intent to have money from Defendant A; and (d) the process of concluding a subcontract contract, etc., the lower court acquitted Defendant A of the charge of accepting and arranging a bribe; and (e) found Defendant A guilty of each of the crimes of giving and receiving a bribe against Defendant B.
B) On the charge of Defendant B’s violation of the Electrical Construction Business Act, the public notice of bidding for the sanitary reclamation site construction works requires that the category of the construction works be indicated as “electric,” and that the license for the electrical construction business was registered as a bidding qualification, and the construction purpose of the construction is also replaced by the off-site control facilities installed at the facility for the treatment of industrial water.