The judgment of the court below is reversed.

The defendant shall be innocent.

The summary of the facts charged is the representative director of E (hereinafter referred to as “E”) who is engaged in planning and vicarious execution of public institutions, advertising agency, advertising materials production business, etc.

E around November 19, 2008, the contract amount was determined as KRW 6,578,380,670 between F and F and the victim foundation, and “209 F event site operation service contract” was concluded.

The above contract amount of KRW 6,578,380,670 was calculated by adding 10% value-added tax to the aggregate amount of KRW 5,292,341,224 of the expenses predicted to be required, 4% of the general management expenses, 9% of the agency fees, and 10% of the total amount of value-added tax.

Afterwards, the contract amount was changed to 6,284,443,00 won through two changes due to the decrease in quantity.

Meanwhile, under the above contract, E was paid KRW 1,973,00,000 as advance payment on June 15, 2009, and KRW 1,302,061,748 as advance payment on September 14, 2009, and KRW 1,702,401,256 as advance payment on October 12, 2009, and KRW 881,836,034 as advance payment on December 3, 2009, and KRW 5,859,29,038 as advance payment on December 3, 2009.

In the process, the Organizing Committee staff at the victim's Organizing Committee notified E to the effect that the above contract is not the total amount settlement contract, but the service price paid according to the fixed amount and the actual expenses paid at the time of the payment of the balance after the completion of the event, such as the tax invoice, etc., will be adjusted by comparison.

The Defendant, at the end of December 29, 2009, submitted a false purchase tax invoice, etc., which was unfilledd to KRW 3,843,434,00, to the staff of the organizing committee of the victim, even though the Defendant paid 3,285,122,00 won to six subcontractors as labor expenses related to the F.

Accordingly, on January 20, 2010, the staff in charge paid the total of KRW 425,003,732 as the settlement amount.

Accordingly, the defendant is the victim.