The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (the factual error) was as follows: Defendant A’s claim for construction price against Victim C Co., Ltd. (hereinafter “victim Co., Ltd”) was only limited to KRW 700,000,000 and has already been paid and extinguished.

Nevertheless, the Defendants issued a payment order seeking payment of KRW 3.5 billion to Defendant A’s victim company, which became final and conclusive.

In addition, the Defendants interfered with fair bidding by exercising the lien on the claim for construction cost that does not exist as above as the preserved bond.

Therefore, the lower court acquitted the Defendant of the instant facts charged by mistake of facts.

Judgment

In light of the fact that the Criminal Appeal Court has the nature as a post-trial but also has the nature as a follow-up trial, and the spirit of the principle of substantial direct examination under the Criminal Procedure Act, in a case where the first instance court rendered a not guilty verdict on the facts charged on the ground that there is insufficient evidence to exclude a reasonable doubt after undergoing the examination of evidence, such as a witness, if it does not reach the extent to sufficiently resolve the reasonable doubt caused by the first instance court as a result of the examination of the appellate court, such circumstance alone does not lead to the conclusion that there was an error of misunderstanding of facts in the judgment of the first instance court that lack of proof of crime (see Supreme Court Decision 2012Do14516, Apr. 28, 2016). The lower court determined that the evidence submitted by the prosecutor on the ground that the Defendants’ act constituted occupational breach of trust against the victim company, and that there was an intention to obstruct bidding through the exercise of a false lien cannot be deemed to have been proven to the extent of reasonable doubt.

In light of the records, the judgment of the court below is just and acceptable, and it was caused by the court below.